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NY R01014




November 17, 2004

CLA-2-70:RR:NC1:126:R01014

CATEGORY: CLASSIFICATION

TARIFF NO.: 7009.92.5000

Ms. Kelly Spivey
FedEx Trade Networks
4111-A Rose Lake Drive
Charlotte, NC 28217

RE: The tariff classification of a framed canvass/mirror from China

Dear Ms. Spivey:

In your letter dated October 28, 2004, on behalf of Jerry’s Artarama, you requested a tariff classification ruling.

A photograph was submitted with your ruling request.

The merchandise is a composite good which includes both a polyester canvass and a glass mirror in a wooden frame. You indicated that the overall dimensions of the product are 13 inches by 32.5 inches.

You stated that the area of the reflecting surface of the mirror is over 929 square centimeters.

In your letter you suggested that the article should be classified as a canvass in subheading 5901.90, Harmonized Tariff Schedule of the United States (HTS). However, the canvass and the glass mirror are equally significant in this composite good. Neither of these components imparts the essential character of the product. Therefore, the merchandise will be classified based on the applicable heading which appears last in the HTS, in accordance with General Rule of Interpretation (3)(c) [GRI (3)(c)] of the HTS. Subheading 5901.90, HTS, will not apply.

The applicable subheading for the framed mirror/canvass will be 7009.92.5000, HTS, which provides for glass mirrorsother: framed: over 929 square centimeters in reflecting area. The rate of duty will be 6.5 percent ad valorem.

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 Specialists Jacob Bunin at 646-733-3027 and Deborah Walsh at 646-733-3044.

Sincerely,

Robert B. Swierupski
Director,

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