NY N250077; tariff classification of picture pin-ups

HQ H255854 November 30, 2018 OT:RR:CTF:CPMM H255854 KSG Ken Ayoub Sugar Lulu LLC 50 Washington Street, Suite 201 Norwalk, CT 06854 RE: NY N250077; tariff classification of picture pin-ups Dear Mr. Ayoub: This ruling is in reference to your request for reconsideration of New York Ruling Letter (NY) N250077, dated March 4, 2014, regarding the classification of picture pin-ups under the Harmonized Tariff Schedule of the United States (HTSUS). In NY N250077, U.S. Customs & Border Protection (CBP) classified the picture-pin-ups under subheading 4421.90.9780, HTSUS, which provides for “Other articles of Wood: Other: Other: Other: Other: Other”, which is now found in the HTSUS at subheading 4421.99.9780 HTSUS (2017 ed.). You claim the merchandise should be classified at subheading 4421.90.8033, HTSUS, now found at subheading 4421.99.8033, the provision for “Other articles of wood: Other: Clothespins: Spring-type; Valued $1.35 but not over $1.70/gross.” We have reviewed NY N250077 and affirm it. The article involved is a metal chain and several decorated wood clothespin-style clips designed to hold photographs and artwork in a clothesline fashion. The clips are decorative and are not utilized for hanging clothes. In NY N250077, CBP determined that the essential character of the article was determined by the decorative wood clips, which are essential to the display of photos and artwork. CBP correctly pointed out in that ruling that the clips in this case are not designed to support the hanging of clothes and are dimensionally different than traditional clothespins. See also NY N249385, dated February 11, 2014 and NY J84642, dated May 28, 2003. For this reason, NY N019406, dated November 27, 2007, NY F82917, dated February 17, 2000, and NY 804921, dated December 16, 1994, are distinguishable. Accordingly, we conclude that NY N250077 is correct and it is affirmed. Sincerely, Myles B. Harmon, Director Commercial and Trade Facilitation Division