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NY 802994




November 10, 1994

CLA-2-39:S:N:N6:343 802994

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060; 3924.90.2000

Ms. Kelly Spivey
Southern Overseas Corporation
P.O. Box 19130
Charlotte, NC 28219

RE: The tariff classification of a plastic picture frame and plastic panel from China.

Dear Ms. Spivey:

In your letter dated August 26,1994 and in additional information submitted on October 3, 1994, you requested a tariff classification ruling on behalf of Qualex Inc.

You have submitted a sample of a plastic picture frame onto which a 5"x 7" photographic print will be mounted. The product allows the consumer to record a 10 second message using a built in microphone and provides on demand playback of the message. The item contains a 10 second non-volatile memory chip with unlimited playback capability. It is powered by batteries.

The product will be shipped as two separate components. The first component is the molded plastic picture frame which contains the assembled electronic components of the item. The second component is the plastic panel. The panel is a 5" x 7" piece of molded plastic. It has adhesive covered by release paper on the two long edges of the back of the panel. It also has adhesive and release paper on the entire front surface of the panel. The picture is attached to the front of the panel. The panel is then attached to the frame by the adhesive on the back. The applicable subheading for plastic picture frame imported alone and for the plastic picture frame if imported with the self adhesive plastic panel will be 3924.90.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics, other, picture frames. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for plastic self adhesive panel if imported separately will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, other. The rate of duty will be 5.8 percent ad valorem.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


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