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NY H81483




May 29, 2001

CLA-2-97:RR:NC:SP:233 H81483

CATEGORY: CLASSIFICATION

TARIFF NO.: 9703.00.0000

Ms. Cindy M. Petriw
Harry F. Long Inc.
2525 Busse Highway #100
Elk Grove Village, IL 60007

RE: The tariff classification of sculptures from France.

Dear Ms. Petriw:

In your letter dated May 8, 2001, you requested a ruling on tariff classification for sculptures created by Niki de Saint Phalle.

Niki de Saint Phalle was born in Neuilly-sur-Seine in 1930. In 1948 and 1949, she worked as a model. In 1950, she married Harry Mathews and in 1952 she moved to Paris to study theater. In 1953, Ms. de Saint Phalle abandoned the stage to become an artist. She exhibited her first work in 1961 at the City of Paris Modern Art Museum. Based on her biography, Niki de Saint Phalle’s works have been exhibited in private as well as public collections throughout the world and she is recognized as a professional artist of the free fine arts.

The applicable subheading for sculptures created by Niki de Saint Phalle 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.

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 212-637-7061.

Sincerely,

Robert B. Swierupski
Director,

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