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NY L83265




March 14, 2005

CLA-2-97:RR:NC:SP:233 L83265

CATEGORY: CLASSIFICATION

TARIFF NO.: 9705.00.0090

Mr. Alexander Pellerito, Jr.
Serko & Simon, LLP
1700 Broadway
31st Floor
New York, NY 10019

RE: The tariff classification of Collectors’ Historical Automobiles from Italy.

Dear Mr. Pellerito:

In your letter dated March 3, 2005, on behalf of Sotheby’s Inc., you requested a tariff classification ruling.

The four automobiles are all historically significant collectors’ pieces, which range in value from $4,000,000 to $10,000,000 each. Three of the four Ferraris are one-of-a-kind, and all four automobiles are racing cars developed and built by Ferrari in the late 1950’s and early 1960’s. They have all competed in some of the world’s most prestigious races and have all been driven by renowned racecar drivers. All four automobiles are in “pristine” condition and have been kept and displayed by collectors for decades. These automobiles represent the finest examples of the historical evolution of racing cars in the 1950’s and 1960’s and are included among the most rare, exotic and valuable specimens available.

1. Ferrari 412MI 0744 is a one-of-a-kind automobile built in 1958 by Ferrari. This automobile is one of the most historically significant Ferrari racing cars ever made, and helped to define this period of racing history. The car’s engine was taken from the infamous Ferrari 335S, which crashed during the 1957 Mille Miglia race killing both drivers, and ten bystanders. The car participated in the 1958 Monza “Race of Two Worlds,” which was famous for uniting American “Indy” car drivers with their European counterparts. This automobile has been driven by many famous racing car drivers including Mike Hawthorn, Alphonso DePortago and Phil Hill. The Ferrari 412MI has been on display at numerous public exhibitions including the Cavallino Classic, in Palm Beach. Its value is estimated at $10,000.000.

2. Ferrari 330TRI/LM 0808. This is a one-of-a-kind automobile built in 1962 by Ferrari. This car won the 1962 Le Mans and participated in the 1962 Tour de France. This automobile has been driven by many famous racing car drivers including Oliver Gendebien, Phil Hill and Roger Penske. The Ferrari 330TRI has been on display at numerous public exhibitions including the Cartier “Hommage a Ferrari” exhibition in Paris. Its value is estimated at $8,000,000.

3. Ferrari 250 GTO 3445. This automobile was built in 1962 by Ferrari, and is considered to be among the finest remaining examples of only 36 models originally produced. This car won the Trophee D’Auvergne at Charade, France and participated in the 1962 Le Mans and 1962 Tour de France. This automobile has been driven by many famous racing car drivers including Nino Vaccarella and Jackie Stewart. The Ferrari 250 GTO has been on display at numerous public exhibitions including the 25th anniversary GTO tour. Its valued is estimated at $8,000,000.

4. Ferrari 250 SWB Berlinetta 2819. This is a one-of-a-kind automobile built in 1961 by Ferrari. This car finished second in the 1961 Tour de France and participated in the 1962 Le Mans. This automobile has been driven by many famous racing car drivers including Oliver Gendebien, Nino Vaccarella and Ludovico Scarfiotti. The Ferrari 250 Berlinetta has been on display at numerous public exhibitions including the 25th and 30th anniversary GTO tours. Its value is estimated at $4,000,000.

The four automobiles haven been built and owned by a famous racing family, have been driven by famous racing car drivers in historical events and noting their value and uniqueness, have obtained their rarity status as a collectible.

The applicable subheading for the Collectors’ Historical Automobiles will be 9705.00.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Collections and collectors’ pieces or zoological, botanical, mineralogical, anatomical, historical, archeological, paleontological, ethnographic or numismatic interest, Other”. 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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