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NY K83132




February 17, 2004
CLA-2-97:RR:NC:SP:233 K83132

CATEGORY: CLASSIFICATION

TARIFF NO.: 9703.00.0000

Mr. Roger P. Richard, Jr.
Exel Global Logistics Inc.
90 Division Street, Suite 105
Bensenville, IL 60106

RE: The tariff classification of sculptures from Austria.

Dear Mr. Richard:

In your letter dated February 10, 2004, you requested a tariff classification ruling for sculptures created by Gernot Schluifer.

Gernot Schluifer was born in Austria in 1941. His original, one-of-a-kind art works, featuring unique combinations of ancient stone and modern crystal, have been exhibited throughout Europe, North America and Asia. His sculptures can be viewed in many prominent museums and private collections. Based on the submitted literature, Mr. Schluifer is recognized as a professional artist of the free fine arts.

The applicable subheading for sculptures created by Gernot Schluifer 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 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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