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July 16, 1999

CLA-2-97:RR:NC:SP:233 E84683


TARIFF NO.: 9703.00.0000

Mr. Scott Jacobson
Leo Kaplan Modern
41 East 57th Street, 7th floor
New York, NY 10022

RE: The tariff classification of glass sculptures from Australia.

Dear Mr. Jacobson:

In your letter dated May 25, 1999, you requested a tariff classification ruling for glass sculptures created by Thomas Rowney.

Thomas Rowney is a glass sculptor living and working in Australia. He creates unique, non-functional glass sculptures. From 1989 to 1991, he was a trainee at Budgeree Glass Factory in Port Adelaide, South Australia. In 1995 he earned a Bachelor of Arts (Visual), Glass Major, from Canberra School of Art, Australian National University. Each sculpture that he creates is either unique, one-of-a-kind or in a limited edition and is not reproduced in any manner by automated production methods. Based on the submitted resume, Mr. Rowney has exhibited in public and private collections in Italy, the U.S. and Australia and is recognized as a professional artist of the free fine arts.

The applicable subheading for sculptures created by Thomas Rowney 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 212-637-7061.


Robert B. Swierupski

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