CLA-2-97:RR:NC:SP:233 C81027

Ms. Lydia Rett
40 Roseneath Cr.
Kitchener, Ontario
Canada, N2E 1V9

RE: The tariff classification of paintings and prints from Canada.

Dear Ms. Rett:

In your letter dated July 27, 1997, on behalf of Sibylle Rett, you requested a tariff classification ruling.

In your letter you indicate that Sibylle Rett has been a watercolor artist in Canada for 17 years and would like to import watercolor paintings and prints into the United States.

The applicable subheading for watercolor paintings will be 9701.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Paintings, drawings and pastels, executed entirely by hand... all the foregoing framed or not framed: Paints, drawings and pastels. The rate of duty will be Free. The applicable subheading for prints, i.e., impressions produced directly, in black and white or in color, from one or several plates wholly executed by hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process, will be 9702.00.0000, HTS, which provides for Original engravings, prints and lithographs, framed or not framed. The rate of duty will be Free.

Please note that the subheading for prints only applies to professional artists of the free fine arts. You may wish to submit a copy of the artist's resume in order for us to determine whether or not the artist qualifies.

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.


Robert B. Swierupski
National Commodity
Specialist Division