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NY J89338




October 15, 2003

CLA-2-49:RR:NC:SP:233 J89338

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.4040

Ms. Chiara H. Megighian Zenati
Ms. Sharon Semenza
Arte Del Mediterraneo
50 Woodland road
Pittsburgh, PA 15232

RE: The tariff classification of tile reproductions from Italy.

Dear Ms. Zenati and Ms. Semenza:

In your letter dated September 24, 2003, you requested a tariff classification ruling.

The submitted samples are reproductions of historically important tiles found in famous churches, museums and private villas throughout Italy. The subjects represented in the tiles vary from the allegorical, to the religious, to the botanical, to the provincial, and span seven centuries. The reproduced tile is not made of ceramic or glaze. The “clay” portion is soft polypropylene material that is shaped and colored by hand, making it rough and porous to replicate the original. The surface of each is made using a patented process and refined by hand by an artisan to reflect the original’s imperfections and the traces of time. The frame is made from antique wood beams by Tuscan artisans. The smaller plaque submitted reproduces a tile made in the year 1680 representing the story of Veronica’s Veil. The larger plaque reproduces a tile from the 15th Century representing the story of the Assumption of the Madonna.

You request that the artistic reproductions be classified under 9705.00.00, Harmonized Tariff Schedule of the United States (HTS) which provides for “Collections and collectors’ pieces of zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest” with a free rate of duty. The tiles are reproductions of historical items, not the historical items themselves. Thus, 9705.00.00, HTS, is not applicable.

Your samples are being returned as requested.

The applicable subheading for the tile reproductions will be 4911.91.4040, HTS, which provides for “Other printed matter: Pictures: Other.” The rate of duty will be 0.3% ad valorem.

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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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