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HQ 951011

January 30, 1992

CLA-2 CO:R:C:M 951011 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.90

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-Seven Broad Street
New York, NY 10004

RE: Plate Hanger; 8306.30.00

Dear Ms. Cumins:

This is in response to your letter of December 23, 1991, concerning the classification of plate hangers under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject plate hanger is made of metal and is brass plated. It measures approximately 6 3/4 inches in diameter and is fitted with five spring hooks in which a decorative plate is held. The hanger features a metal ring at the top so that a decorative plate can be hung on a wall. Also included with the hanger are two nails and a j-hook for the purposes of hanging a decorative plate.

ISSUE:

What is the proper classification of the subject plate hanger under the HTSUS?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

You claim that the subject merchandise is similar to a photograph or picture frame and, therefore, is classifiable under subheading 8306.30.00, HTSUS, which provides for: "[p]hotograph, picture or similar frames." The general, column one rate of duty for that provision is 5.3 percent ad valorem.

In part, Webster's Third New International Dictionary, Merriam-Webster Inc., Springfield, MA, 1986, defines the term "frame" as:

6a: an enclosing usu. rectangular and esp. ornamental border or a physical limitation suggesting such a border.

It is our position that the plate hanger is not a frame. Rather than providing an ornamental, enclosing border, the plate hanger is specifically designed to be as inconspicuous as possible. Also, the plate hanger is not marketed as a frame, but as a hanger.

We find that, because in most cases the merchandise will be used in a household, it is classifiable under subheading 7323.99.90, HTSUS, which provides for: "[t]able, kitchen or other household articles and parts thereof, of iron or steel: [o]ther: [o]ther: [o]ther: [o]ther."

HOLDING:

The subject plate hanger is classifiable under subheading 7323.99.90, HTSUS. The general, column one rate of duty is 3.4 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

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