CLA-2-97:RR:NC:SP:233 D82723
Mr. Frank Fischetti
Overton & Co. Air Services, Inc.
700 Rockaway Turnpike, Suite 201
Lawrence, NY 11559
RE: The tariff classification of sculptures from South Africa.
Dear Mr. Fischetti:
In your letter dated August 18, 1998, you requested a tariff
classification ruling for sculptures created by Clementina van der
Walt.
Ms. van der Walt is an artist who was born in Johannesburg in
1952. She earned a B.A. degree from the Hebrew University of
Jerusalem in 1975. In 1983, she earned a National Higher Diploma
in Ceramics from the Witwatersrand Technikon, where she taught from
1983 to 1988. Since 1989 she has worked at her studio in Paarl
near Cape Town, employing a team of assistants who decorate ready-made tableware for an international market. She makes single
pieces, which are painted and decorated in bright colors, often
using gold and silver luster. Inspirations are drawn from West
African textile designs and the urban African landscape. Each
sculpture that she creates is either unique, one-of-a-kind or in a
limited edition and was not reproduced in any manner by automated
production methods. Based on the submitted resume, Ms. van der
Walt has exhibited in public and private collections throughout
South Africa and is recognized as a professional artist of the
free fine arts.
The applicable subheading for sculptures created by Clementina
van der Walt 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,
National Commodity
Specialist Division