United States International Trade Commision Rulings And Harmonized Tariff Schedule
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NY 817384




CLA-2-94:RR:NC:FC 233 817384

CATEGORY: CLASSIFICATION

TARIFF NO.: 9703.00.0000

Mr. Fritz Dietl
Techno Export, Inc.
Licensed Customhouse Broker
182-30 150th Road, Room 207
Jamaica, N.Y. 11413

RE: The tariff classification of sculptures by Tony Cragg.

Dear Mr. Dietl:

In your letter dated December 6, 1995, you requested a tariff classification ruling for sculptures by Mr. Tony Cragg.

Mr. Cragg, an English sculptor, was born in 1949, in Liverpool. From 1969-70, he studied at the Gloucestershire College of Art & Design and from 1970-73, at the Wimbledon School of Art. From 1977 Mr. Cragg lives and works in Wuppertal, Germany. In 1979, Mr. Cragg performed a one artist exhibition at the Lisson Gallery, London, Lutzowstrasse Situation, Berlin and at the Kunstlerhaus Weidenalle, Hamburg. In 1984, he performed a one artist exhibition at the Kolnischer Kunstverein, Cologne and in 1987, at the Marian Goodman Gallery, New York and 1991, at the Galerie Crousel-Robelin Bama, Paris.

Each original sculpture that Mr. Cragg creates is either unique, one-of-a-kind or in a limited edition and was not reproduced in any manner by automated production methods. Based on the submitted resume, Mr. Cragg has exhibited in the United States, Australia, Japan, Brazil, England, Scotland, Germany, France, Poland, Hungary, Belgium, Austria, Hollland and Spain, and is recognized as a professional artist of the free fine arts.

Original sculptures made by the artist, limited to the first 12 in an edition, are classified in item 9703.00.0000, Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Original sculptures and statuary, in any material. The rate of duty will be free. Sculptures that are functional or made in excess of 12 are dutiable according to their essential character. This ruling is being issued under the provisions of Section 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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Roger J. Silvestri
Director

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