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NY 816953




CLA-2-69:RR:NC:GI:227 816953

CATEGORY: CLASSIFICATION

TARIFF NO.: 6913.10.5000

Mr. David A. Eisen
Siegel, Mandell & Davidson, P.C.
One Astor Plaza
1515 Broadway 43rd floor
New York, NY 10036-8901

RE: The tariff classification of a porcelain covered picture frame photo album from China and Taiwan.

Dear Mr. Eisen:

In your letter dated November 27, 1995, on behalf of Avon Products, Inc., you requested a tariff classification ruling. Sample is being returned as requested.

The sample submitted is a combination picture frame and photo album which measures approximately 6 1/2 inches long by 5 3/4 inches wide and has about 40 transparent plastic-pocket pages (for containing and displaying photographs) bound into an album. It possesses a textile covered cardboard back and interior front, while its exterior front portion has a decorative porcelain covering featuring a circular-shape glass window within which a photograph can be inserted (through the back of the cover) and displayed. It is noted that the album is of sturdy construction and can be stood upon its bottom edge to act as a stand-up photograph frame.

Since there is no one component which imparts the essential character of this composite article, it has been determined that the subject merchandise will be classifiable by reference to GRI 3(c) which provides that when goods cannot be classified by reference to GRI 3(a) or 3 (b), they shall be classified under the heading (in this instance 6913, HTS) which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the porcelain covered picture frame photo album will be 6913.10.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other ornamental ceramic articles of porcelain. The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling letter 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 George Kalkines at 212-466-5794.

Sincerely,

Roger J. Silvestri
Director,

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