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NY C87950




May 22, 1998

CLA-2-97:RR:NC:SP:233 C87950

CATEGORY: CLASSIFICATION

TARIFF NO.: 9703.00.0000

Mr. Scott Jacobson
Leo Kaplan Modern
965 Madison Avenue
New York, NY 10021

RE: The tariff classification of sculptures from the Czech Republic.

Dear Mr. Jacobson:

In your letter dated April 13, 1998, you requested a tariff classification ruling for sculptures created by Jaromir Rybak.

Jaromir Rybak is a sculptor who was born in Plzen, Czech Republic. He studied at the glass school at Zelezny Brod, Czech Republic, from 1967 to 1971, and at the Academy of Applied Arts in Praha from 1973 to 1979. Based on the submitted literature, Mr. Rybak's works have been exhibited in private as well as public collections in the Czech Republic and throughout the world and he is recognized as a professional artist of the free fine arts.

The applicable subheading for sculptures created by Jaromir Rybak will be 9703.00.0000, Harmonized Tariff Schedule of the United States (HTS), 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 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 Lawrence Mushinske at 212-466-5739.

Sincerely,

Robert B. Swierupski
Director

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