CLA-2-70:OT:RR:NC:1:126
Ms. Rose Darrow
CRI2000, LP
2245 San Diego Avenue
Suite 223
San Diego, CA 92124
RE: The tariff classification of three picture frames from China
Dear Ms. Darrow:
In your letter received on December 1, 2008, you requested a tariff classification ruling. Three representative samples were submitted and will be returned to you as requested.
The subject merchandise, designated in your letter as “Old Town, Crystalized with Swarovski Elements” – style number 339132, consists of three styles of picture frames: round, oval and square shaped. Each frame is packaged in a blister card composed of a cardboard and clear polyethylene terephthalate (PET) cover and includes a cardboard gift box with satin bow. The gift box has a plastic insert tray covered with satin. The tray is fitted specifically for the picture frame. The tray is flimsy and serves as part of the packaging.
Each picture frame has a clear glass front which is secured to a metal back by four removable metal clips. The back of each frame incorporates a folding easel-type stand, which allows a photograph to be displayed on a shelf, desk or the like.
You indicate in your letter that each frame measures approximately 4.5 inches x 5 inches and will be imported in different colors. You further state that the unit value of each item is over $5.00.
The round and oval picture frames are predominately covered with lead crystal glass stones. You state in your letter that the glass contains at least 24 percent lead monoxide by weight. The square picture frame is composed of colored epoxy coated metal (zinc alloy) and a lead crystal glass border.
The applicable subheading for the two picture frames ( round and oval) composed of lead crystal glass will be 7013.91.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: other glassware: of lead crystal: valued over $5 each. The rate of duty will be 6 percent ad valorem.
The applicable subheading for the square picture frame composed of epoxy coated metal and lead crystal border will be 8306.30.0000, HTSUS, which provides for photograph, picture or similar frames, of base metal. The rate of duty will be 2.7 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Jacob Bunin at (646) 733-3027.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division