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NY D84776




November 25, 1998

CLA-2-67:RR:NC:3:353 D84776

CATEGORY: CLASSIFICATION

TARIFF NO.: 6701.00.3000

Mr. Daniel J. Glick
Serko & Simon LLP
One World Trade Center
Suite 3371
New York, NY 10048

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

Dear Mr. Glick:

In your letter dated November 16, 1998, on behalf of Russ Berrie & Co.,Inc., you requested a tariff classification ruling.

The submitted sample is an Item Number 14099 picture frame measuring approximately 6 3/4" X 8 3/4" which features a fold-out stand. The item is made of pressed cardboard or paperboard covered with 100% polyester fabric and decorated with turkey feathers around the edges. The feathers totally obscure the entire front of the frame. Value information supplied shows that the feathers are twice the value of the cardboard and make up approximately 45% of the cost of the item.

You contend that the item should be classified under heading 4823 and cite four rulings to support your claim. A review of the rulings reveals that each one involves cardboard picture frames covered with paper or coated paper. These rulings do not address the issue at hand.

The marketability of the item relies on the feathers, which give the item its essential character.

The applicable subheading for the Item Number 14099 picture frame will be 6701.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for "Skins and other parts of birds with their feather or down, feathers, parts of feathers, down and articles thereof (other than goods of heading 0505 and worked quills and scapes): Articles of feathers or down." The rate of duty will be 4.7% ad valorem.

The sample is being returned to you as requested.

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 Kenneth Reidlinger at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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