I87392 I8 Ruling Active

The tariff classification of hand painted oil paintings from China.

Issued October 15, 2002 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 9701.10.0000

Headings: 9701

Product description

The merchandise to be imported consists of hand painted oil paintings. You have submitted samples of two paintings: one 22” x 18” framed painting depicting flowers in a vase and one 18” x 14” framed painting depicting an ocean/beach scene. The production process for the oil paintings is as follows: When the master artists complete their masterpiece oil paintings, a group of secondary artists is hired to duplicate the paintings by hand. Under the supervision of the master artists, the secondary artists use the desired paint tools to duplicate, draw and paint the masterpieces by hand on canvas. After each individual artist finished the duplication of oil painting, the canvas is hung for three to six days to dry. The paintings are then framed.

CBP rationale

The applicable subheading for the hand painted oil 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…framed or not framed.

Full text

NY I87392 October 15, 2002 CLA-2-97:RR:NC:SP:233 I87392 CATEGORY: Classification TARIFF NO.: 9701.10.0000 Ms. Patricia Messenger Western Overseas Corporation 4111-K Rose Lake Drive Charlotte, NC 28217 RE: The tariff classification of hand painted oil paintings from China. Dear Ms. Messenger: In your letter dated September 4, 2002, on behalf of Carolina Clock & Curio, Inc., you requested a tariff classification ruling. The merchandise to be imported consists of hand painted oil paintings. You have submitted samples of two paintings: one 22” x 18” framed painting depicting flowers in a vase and one 18” x 14” framed painting depicting an ocean/beach scene. The production process for the oil paintings is as follows: When the master artists complete their masterpiece oil paintings, a group of secondary artists is hired to duplicate the paintings by hand. Under the supervision of the master artists, the secondary artists use the desired paint tools to duplicate, draw and paint the masterpieces by hand on canvas. After each individual artist finished the duplication of oil painting, the canvas is hung for three to six days to dry. The paintings are then framed. The applicable subheading for the hand painted oil 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…framed or not framed.” The rate of duty will be free. 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, National Commodity Specialist Division

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