CLA-2-68:OT:RR:NC:N2:226

Mr. Peter Salvato
Import Commodity Group LTD
500 Merrick Road
Lynbrook, NY 11580

RE: The tariff classification of an agglomerated stone picture frame from China

Dear Mr. Salvato:

In your letter dated February 28, 2011, on behalf of your client, Team Beans LLC, you requested a tariff classification ruling. A representative sample was submitted and will be returned to you as requested.

The subject article, identified as style/part #PFONFTMPE, is an agglomerated stone picture frame measuring approximately seven inches in height by five inches in width. The frame depicts a three-dimensional gnome figurine and a three-dimensional decorated wreath. An NFL team logo appears on the hat of the gnome figurine, on the wreath and on the lower right hand corner of the item. The perimeter of the article is painted with a string of three-dimensional holiday colored lights. The words “EAGLES” and “Happy Holidays” are displayed on the bottom of the frame. The frame has a rectangular protective glass cover, a cardboard easel backing and is designed to accommodate a four and one-half inch by two inch photo.

In an email message dated March 15, 2011, you indicated that the article is composed of marble stone powder agglomerated with plastics resin. In another email message dated March 23, 2011, you stated that these two materials are evenly distributed throughout the body of the article. The applicable subheading for the agglomerated stone picture frame (style/part #PFONFTMPE) will be 6810.99.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of…artificial stone, whether or not reinforced: other articles: other. The rate of duty will be free. 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