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NY L88349




October 26, 2005

CLA-2-97:RR:NC:SP:233 L88349

CATEGORY: CLASSIFICATION

TARIFF NO.: 9705.00.0090

Mr. Lance Entwistle
L & R Entwistle and Co. Ltd.
144 New Bond Street
London W1S 2TR
England

RE: The tariff classification of a sculpture from Cambodia.

Dear Mr. Entwistle:

In your letter dated October 11, 2005, you requested a tariff classification ruling.

The item to be imported is a Baphoun Bust of a Male Deity made of grayish brown sandstone and measuring 27 ½” (70cm). It is probably from Cambodia, the Khmer culture and dates from circa 1050 AD.

Under the terms of the Memoranda of Understanding between the United States and Cambodia (1999, expanded in 2003) artworks of the kind described above may not be imported into the United States unless they have left Cambodia with an export permit issued by Cambodia or there is verifiable documentation that they left Cambodia prior to the effective date of the export restriction (December 2, 1999). You indicate that the sculpture was acquired in Thailand in 1998 and was shipped to Germany and declared to Customs on April 17, 1998 (copy submitted).

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

Noting that the sculpture was out of Cambodia prior to the import restrictions effective December 2, 1999, the sculpture is admissible into the United States.

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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