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NY M84188




July 3, 2006

CLA-2-39:RR:NC:SP:221 M84188

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.2000

Mr. Irwin A. Seltzer
UTI United States, Inc.
2975 Kennedy Blvd.
Jersey City, NJ 07306

RE: The tariff classification of a picture frame from Hong Kong or China

Dear Mr. Seltzer:

In your undated letter, received in this office on June 8, 2006, on behalf of MCS Industries, Inc., you requested a tariff classification ruling.

A sample was provided with your letter. The “Floating Flex Frame” is a photo frame consisting of a glass front sheet, a plastic back sheet, 4 plastic mitered frame borders, and a plastic easel/hanger. When pictures smaller than the dimensions of the frame are placed between the clear glass front and clear plastic back, they appear to “float” in the frame. The photo frames will be imported in various sizes, ranging from 5 inches by 7 inches to 16 inches by 20 inches. Although you indicate that the picture frame will be made in Hong Kong, we note that the sample is marked Made in China.

The sample is being returned as you requested.

The applicable subheading for the photo frame will be 3924.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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