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NY 893243

January 06, 1994

CLA-2-97:S:N:N8:233 893243


TARIFF NO.: 9701.10.0000

Mr. Terrence Kirk
Davies, Turner & Co.
Custom House Brokers
90 Washington Street
New York, New York 10006

RE: The tariff classification of paintings from South Africa.

Dear Mr. Kirk:

In your letter dated December 7, 1993, you requested a tariff classification ruling by Winston Saoli.

Mr. Saoli is a South African who creates original signed paintings. These include oil, water color, pastels, ink, pencil- work, etc., and are one-of-a-kind productions created entirely by hand. While the style of the artist is evident, it is unusual to find two paintings that present exactly the same subject. Mr. Saoli's work is described as a prime example of creative spontaneity. The significance of his work does not have the "dominating intensity" of his predecessor, Dumile, who raged against the socio-economic atmosphere of poverty and misfortune. Mr. Saoli draws with the eye of the poet. He seems to be saying, "Look man! Black is beautiful", and he is not saying it with strident tones but with gentle persuasion. His sensitivity of touch is one of his finest characteristics.

Paintings, executed entirely by hand, are classifiable in item 9701.10.0000. Harmonized Tariff Schedule of the United States Annotated, HTSUSA, which provides for: Paintings, drawings and pastels, executed entirely by hand. The rate of duty will be free. Hand painted or hand decorated manufactured articles are excluded from the provision of heading 9701, HTSUSA, and are dutiable according to their material in chief value.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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