The tariff classification of a decorative frame from China.

N254794 July 16, 2014 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 8306.29.0000 Money Chan Senior Merchandise Manager Li & Fung (Trading) Ltd. 7/F, HKSIB P1&2, 800 Cheung Sha Wan Road Kowloon, Hong Kong China RE: The tariff classification of a decorative frame from China. Dear Money Chan: In your letter dated June 25, 2014, you requested a tariff classification ruling. The item is described by you as an aluminum extrusion store decorative hanging frame. The decorative frame is made of type 6063 aluminum and has an anodized finish, measures 54-inches long by 52-inches wide by 1-inch deep, is in the shape of a rectangle, and is depicted in the photo as an embellishment to a clothing rack display unit. The photo indicates that the clothing rack display unit consists of a forward and back panel wall not reaching the ceiling, separated by a partition wall, with clothing racks on both sides of the partition wall. The decorative frame is suspended from the ceiling and does not appear to be physically attached to the clothing rack display unit. This item comes with an assembly kit that includes corner brackets, screws, hanging cables, nuts, S-hooks and ceiling clips. When terms are not defined in the Harmonized Tariff Schedule of the United States (HTSUS) or the Explanatory Notes (ENs) to the HTSUS, they are construed in accordance with their common and commercial meaning – Nippon Kogasku (USA), Inc. v. United States, 69 CCPA 89, 673 F.2d 380 (1982). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. C.J. Tower & Sons v. United States, 69 CCPA 128, 673 F.2d 1268 (1982). In general, reliable dictionary sources provide for many different meanings for the word “frame,” both in noun and verb form. Three of these dictionary sources provide: (1) a frame is something that has or confers structure; a frame is a surrounding structure such as a border or case in which something, esp. a picture, pane of glass, etc., is set or let in (Online Oxford English Dictionary), (2) a frame is a border that encloses and supports a picture, mirror, etc. (Online Cambridge American English Dictionary, and (3) a frame is to put something inside an open structure that holds it; to put something in a frame (Online Merriam-Webster Dictionary). For the aluminum extrusion store decorative hanging frame, we do not find that the merchandise concerned shares in the common mean of a structural support for placement of an item or object within. A broader meaning for the word “frame” can also be found on the Online Merriam-Webster Dictionary, which defines frame as “to be around the edge of something.” In Headquarters ruling letter HQ 951011 dated January 30, 1992, the word “frame” is defined using the Webster’s Third New International Dictionary, Merriam-Webster Inc., Springfield, MA, 1986, at 6a, as “an enclosing usu. rectangular and esp. ornamental border or a physical limitation suggesting such a border.” This is consistent with the Online Oxford English Dictionary meaning for the word “border” which provides: a border is a defined edging, of distinct material, colour, shape, pattern or ornamentation, made or fixed along the margin of anything. Based on our broader meaning for the word frame and our meaning for the word border, it is our opinion that the merchandise concerned is a type of decorative border or frame (in its broad sense) used to embellish a rack display unit, regardless of the types of items presented for display. The applicable subheading for the aluminum extrusion store decorative hanging frame, used as an embellishment for a rack display unit, will be 8306.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Bells, gongs and the like, nonelectric, of base metal; statuettes and other ornaments, of base metal; photograph, picture or similar frames, of base metal; mirrors of base metal; and base metal parts thereof: statuettes and other ornaments, and parts thereof: Other.” The rate of duty will be free. 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/. You have asked whether the unassembled, aluminum extrusion store decorative hanging frame, that comes with an assembly kit which includes corner brackets, screws, hanging cables, nuts, S-hooks and ceiling clips is subject to Antidumping Duties (AD) or Countervailing Duties (CVD). At this time, “aluminum extrusions” from the People’s Republic of China (China) are subject to both AD and CVD, and are assigned with case numbers A-570-967 and C-570-968, respectively. Written decisions regarding the scope of orders pertaining to AD and CVD are issued by the Import Administration in the Department of Commerce, and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD search tool at http://addcvd.cbp.gov/. 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 Neil H. Levy at E-mail address: neil.h.levy@cbp.dhs.gov Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division