WEBVTT 00:00:00.000 --> 00:00:04.700 LILIA, DHARMENDRA Please take note of a few of the housekeeping items specific to the chat box. 00:00:06.390 --> 00:00:07.560 LILIA, DHARMENDRA The hand gestures. 00:00:08.500 --> 00:00:11.780 LILIA, DHARMENDRA The ellipsis focusing on content. 00:00:12.680 --> 00:00:14.700 LILIA, DHARMENDRA Full screen and live captioning. 00:00:27.630 --> 00:00:34.630 LILIA, DHARMENDRA On behalf of the office of trade. The Office of regulations and rulings and the National Commodity Specialist Division welcome. 00:00:35.530 --> 00:00:39.230 LILIA, DHARMENDRA My name is Dharmendra Lilia and IS 433. 00:00:40.430 --> 00:00:47.740 LILIA, DHARMENDRA I will be leading today's presentation on original sculptures at Statuary of heading 9703. 00:00:50.610 --> 00:00:56.930 LILIA, DHARMENDRA For those who are well versed in classification and of this particular heading I humbly ask for your patience. 00:00:57.940 --> 00:01:04.270 LILIA, DHARMENDRA For those who are novices to classification and of this particular heading I asked for your attention. 00:01:06.340 --> 00:01:12.560 LILIA, DHARMENDRA I am responsible for heading 9401 and all of Chapter 97 headings of the tariff schedule. 00:01:13.580 --> 00:01:20.730 LILIA, DHARMENDRA These headings encompases seats works of art collectors pieces and antiques. 00:01:22.390 --> 00:01:25.140 LILIA, DHARMENDRA The presentation will be approximately one hour. 00:01:27.250 --> 00:01:29.230 LILIA, DHARMENDRA Questions should be saved. 00:01:30.390 --> 00:01:33.380 LILIA, DHARMENDRA Towards the end or afterwards via email. 00:01:34.680 --> 00:01:36.670 LILIA, DHARMENDRA If you do have specific questions. 00:01:37.340 --> 00:01:44.140 LILIA, DHARMENDRA Take note of the slide number so that we can refer back to during the question and answer session. 00:01:45.520 --> 00:01:47.340 LILIA, DHARMENDRA Will begin in a few moments. 00:01:58.630 --> 00:02:01.140 LILIA, DHARMENDRA Please take note of the CVP mission statement. 00:02:12.730 --> 00:02:19.190 LILIA, DHARMENDRA As we proceed through the presentation do note the materials are for general informational purposes only. 00:02:19.850 --> 00:02:21.570 LILIA, DHARMENDRA And are intended as guidance. 00:02:22.390 --> 00:02:27.010 LILIA, DHARMENDRA Reliance solely on the materials is not considered reasonable care. 00:02:30.970 --> 00:02:35.240 LILIA, DHARMENDRA The audio visual media is provided for educational purposes. 00:02:35.930 --> 00:02:42.830 LILIA, DHARMENDRA And do not represent an endorsement or approval by CBP of any creators or products. 00:02:47.250 --> 00:02:55.610 LILIA, DHARMENDRA Many complicated factors are involved in customs issues binding ruling requests can be submitted via the below hyperlink. 00:03:00.250 --> 00:03:06.510 LILIA, DHARMENDRA The left graphic depicts Clay sculptures of the Terra Cotta army discovered in 1974. 00:03:07.720 --> 00:03:16.380 LILIA, DHARMENDRA The right graphic depicts a bronze statue of American author Edgar Allan Poe entitled Pole returning to Boston. 00:03:17.930 --> 00:03:24.120 LILIA, DHARMENDRA Bob sculptures are within the framework of Chapter 97 and heading 9703. 00:03:29.930 --> 00:03:32.060 LILIA, DHARMENDRA Provided here are today's topics. 00:03:33.250 --> 00:03:37.100 LILIA, DHARMENDRA Our discussion will focus on court cases key terms. 00:03:37.770 --> 00:03:39.250 LILIA, DHARMENDRA The explanatory notes. 00:03:40.050 --> 00:03:42.390 LILIA, DHARMENDRA Excluded and subject merchandise. 00:03:43.350 --> 00:03:46.360 LILIA, DHARMENDRA Authentic versus non authentic items. 00:03:47.470 --> 00:03:49.390 LILIA, DHARMENDRA Documentation and more. 00:03:56.240 --> 00:03:59.810 LILIA, DHARMENDRA Here we take note of where original sculptures and Statuary. 00:04:00.480 --> 00:04:08.680 LILIA, DHARMENDRA Are situated in terms of international and country specific 68 and 10 digit tariff provisions? 00:04:10.140 --> 00:04:13.240 LILIA, DHARMENDRA Please note the 2022 tariff. 00:04:14.050 --> 00:04:18.520 LILIA, DHARMENDRA For heading 9703 provides a new subheading provision. 00:04:19.460 --> 00:04:23.940 LILIA, DHARMENDRA For Articles of an age exceeding 100 years. 00:04:25.290 --> 00:04:27.580 LILIA, DHARMENDRA The previous year tariff schedule did not. 00:04:29.090 --> 00:04:29.790 LILIA, DHARMENDRA Also. 00:04:30.390 --> 00:04:34.650 LILIA, DHARMENDRA It's important to note for the 2022 explanatory notes. 00:04:35.300 --> 00:04:37.140 LILIA, DHARMENDRA And the 2022. 00:04:37.810 --> 00:04:39.470 LILIA, DHARMENDRA Chapter 97 tariff. 00:04:40.130 --> 00:04:44.210 LILIA, DHARMENDRA There are a number of changes that you should be aware of. 00:04:50.620 --> 00:05:01.390 LILIA, DHARMENDRA The customers rolling online search system is a fine resource platform or United States Tariff Classification and other subject areas. 00:05:06.670 --> 00:05:10.290 LILIA, DHARMENDRA If submitting a binding ruling request for heading 9703. 00:05:11.070 --> 00:05:19.610 LILIA, DHARMENDRA The below items will aid this office in research analysis and a decision of a 10 digit number. 00:05:20.920 --> 00:05:27.050 LILIA, DHARMENDRA Item number 9 will be critical to considering if heading 9703 is appropriate. 00:05:28.380 --> 00:05:39.750 LILIA, DHARMENDRA Providing these items in your initial binding ruling request will minimize our office issuing a rejection letter seeking additional information. 00:05:46.730 --> 00:05:50.290 LILIA, DHARMENDRA The explanatory notes are the official guidelines of the trade community. 00:05:51.810 --> 00:06:00.890 LILIA, DHARMENDRA Before we discuss the explanatory notes in detail. Let's identify and briefly review a few court cases and key terms. 00:06:07.720 --> 00:06:08.310 LILIA, DHARMENDRA First. 00:06:09.480 --> 00:06:16.760 LILIA, DHARMENDRA Please note court cases one through 6 were covered in the 2021 webinar. 00:06:17.880 --> 00:06:18.490 LILIA, DHARMENDRA Second. 00:06:19.350 --> 00:06:27.970 LILIA, DHARMENDRA Since then I have continued my research of all of Chapter 97 and 2 additional court cases are identified here in red. 00:06:29.380 --> 00:06:29.860 LILIA, DHARMENDRA 3rd. 00:06:30.680 --> 00:06:35.680 LILIA, DHARMENDRA For the benefit of all participants today, let's cover, each one briefly. 00:06:40.050 --> 00:06:46.770 LILIA, DHARMENDRA The first court case and the second court case speaks to what are the requirements for a work of art? 00:06:47.880 --> 00:06:51.020 LILIA, DHARMENDRA The court cases addressed the terms original. 00:06:51.670 --> 00:06:57.570 LILIA, DHARMENDRA We're by the artist exercises their own aesthetic imagination and conception. 00:06:58.210 --> 00:06:59.530 LILIA, DHARMENDRA In creating a piece. 00:07:00.450 --> 00:07:10.510 LILIA, DHARMENDRA Original also speaks to a rare and special genius usually attributed to a work of the free Fine Arts. 00:07:14.670 --> 00:07:22.020 LILIA, DHARMENDRA The 3rd court case speaks to the distinction between the decorative and the industrial art disciplines. 00:07:23.200 --> 00:07:27.720 LILIA, DHARMENDRA While there may exist some crossover between art disciplines. 00:07:28.790 --> 00:07:34.370 LILIA, DHARMENDRA Our focus for Chapter 97, is on the free Fine Arts. 00:07:40.350 --> 00:07:42.800 LILIA, DHARMENDRA The 4th and the 5th court case. 00:07:43.460 --> 00:07:51.500 LILIA, DHARMENDRA Discuss is the fine line details and distinctions of utilitarian versus a work of Art. 00:07:52.620 --> 00:07:55.220 LILIA, DHARMENDRA Particles of utility are usually excluded. 00:07:56.710 --> 00:07:59.090 LILIA, DHARMENDRA Court case number, 4 noted that. 00:07:59.670 --> 00:08:06.410 LILIA, DHARMENDRA It's not enough for a plaintiff to show that an article is an original sculpture made by professional. 00:08:07.090 --> 00:08:11.870 LILIA, DHARMENDRA But they must also show how the item is not an article of utility. 00:08:13.990 --> 00:08:21.650 LILIA, DHARMENDRA Court case, number, 5 addressed when an art piece is considered both utilitarian and a work of Art. 00:08:22.880 --> 00:08:28.300 LILIA, DHARMENDRA The important thing here and the fine line detail that distinguishes the terms. 00:08:28.970 --> 00:08:31.990 LILIA, DHARMENDRA Is the phrase a work of arts? 00:08:32.770 --> 00:08:34.770 LILIA, DHARMENDRA Must not be subsidiary. 00:08:39.360 --> 00:08:50.030 LILIA, DHARMENDRA The 6th and the 7th court case discuss is commercially manufactured articles. The items are painted folding room dividers or folding screens. 00:08:51.030 --> 00:08:52.050 LILIA, DHARMENDRA In either case. 00:08:52.720 --> 00:08:57.820 LILIA, DHARMENDRA They important item here is that the screens contained paintings and graphics. 00:08:59.030 --> 00:09:01.250 LILIA, DHARMENDRA That were added to the surface material. 00:09:01.890 --> 00:09:07.470 LILIA, DHARMENDRA So as to create a sense of Appeal to the aesthetic sense. 00:09:08.650 --> 00:09:09.560 LILIA, DHARMENDRA In other words. 00:09:10.390 --> 00:09:13.600 LILIA, DHARMENDRA Think of when an artist purchases a blank canvas. 00:09:14.500 --> 00:09:17.540 LILIA, DHARMENDRA The canvas itself is commercially produced. 00:09:18.430 --> 00:09:21.930 LILIA, DHARMENDRA But when the Finnish art piece is sold. 00:09:22.530 --> 00:09:34.050 LILIA, DHARMENDRA The value or the aesthetic appeal is not defined or limited by the 4 by 4 or the 16 by 24 size canvas. 00:09:34.910 --> 00:09:36.590 LILIA, DHARMENDRA The fine art piece. 00:09:37.200 --> 00:09:38.060 LILIA, DHARMENDRA The work of Art. 00:09:38.750 --> 00:09:45.120 LILIA, DHARMENDRA And the aesthetic appeal of the piece is defined by the artist talent. 00:09:46.030 --> 00:09:48.710 LILIA, DHARMENDRA Their technical skills their ability. 00:09:49.330 --> 00:09:51.710 LILIA, DHARMENDRA And their artistic inclination. 00:09:56.090 --> 00:10:03.480 LILIA, DHARMENDRA Court case, number, 8 speaks to specific areas that include commercially manufactured articles. 00:10:04.240 --> 00:10:06.420 LILIA, DHARMENDRA Utilitarian versus works of Art. 00:10:07.280 --> 00:10:08.360 LILIA, DHARMENDRA Artistic merit. 00:10:09.250 --> 00:10:10.760 LILIA, DHARMENDRA And artist criteria. 00:10:18.700 --> 00:10:26.830 LILIA, DHARMENDRA I have researched subheading 9701 through 9703 in detail and these are the terms that stick out to me. 00:10:28.240 --> 00:10:30.060 LILIA, DHARMENDRA When I receive questions from you. 00:10:30.860 --> 00:10:33.980 LILIA, DHARMENDRA And additionally when I receive binding ruling requests. 00:10:34.960 --> 00:10:40.100 LILIA, DHARMENDRA I rely on these terms to shape my understanding and preparing a response. 00:10:41.300 --> 00:10:49.980 LILIA, DHARMENDRA Also I'm comfortable in relying on these terms because I've pulled them from the court cases. We just covered. 00:10:51.300 --> 00:10:53.340 LILIA, DHARMENDRA I will continue to add to these terms. 00:10:54.660 --> 00:11:00.290 LILIA, DHARMENDRA And this list as I research heading 9704 through 9706. 00:11:01.660 --> 00:11:05.140 LILIA, DHARMENDRA Let's take some time to go through each one of these terms in detail. 00:11:09.470 --> 00:11:15.120 LILIA, DHARMENDRA First, a work of art is an article that exhibits a rare and special genius. 00:11:16.230 --> 00:11:16.800 LILIA, DHARMENDRA Second. 00:11:17.530 --> 00:11:25.070 LILIA, DHARMENDRA The Free Fine Arts is a classical branch of art composed of literature, visual arts and the Performing Arts. 00:11:26.150 --> 00:11:40.350 LILIA, DHARMENDRA The Free Fine Arts seeks to create one of a kind pieces or limited editions whose objects have no practical use other than being beautiful or to triggered the intellect in some way. 00:11:41.860 --> 00:11:42.780 LILIA, DHARMENDRA Do take note. 00:11:43.510 --> 00:11:54.370 LILIA, DHARMENDRA To provide you with points of reference. I have highlighted headquarters and New York rulings in which the court cases as well as the terms have been discussed. 00:11:59.100 --> 00:12:02.680 LILIA, DHARMENDRA Originality of conception execution and design. 00:12:03.290 --> 00:12:07.790 LILIA, DHARMENDRA Is important when considering? What is a fine art piece? 00:12:09.990 --> 00:12:11.300 LILIA, DHARMENDRA Original sculptures. 00:12:12.500 --> 00:12:23.330 LILIA, DHARMENDRA They specifically speak to the first 12 Castings Replicas and reproductions. We're going to revisit that term in a few upcoming slides. 00:12:28.780 --> 00:12:29.490 LILIA, DHARMENDRA Number 5. 00:12:30.490 --> 00:12:31.990 LILIA, DHARMENDRA What is a professional artist? 00:12:32.630 --> 00:12:37.810 LILIA, DHARMENDRA The answer to that question is found in New York letter and the headquarters or reference identified. 00:12:39.300 --> 00:12:40.080 LILIA, DHARMENDRA Number 6. 00:12:40.810 --> 00:12:44.010 LILIA, DHARMENDRA What is the criteria to be considered a professional artist? 00:12:45.270 --> 00:12:48.130 LILIA, DHARMENDRA The 2 points here speak to that subject. 00:12:49.020 --> 00:12:50.580 LILIA, DHARMENDRA A professional artist. 00:12:51.320 --> 00:12:54.020 LILIA, DHARMENDRA Must be a graduate of a course in fine art. 00:12:54.900 --> 00:12:57.210 LILIA, DHARMENDRA They must be recognized in art circles. 00:12:58.040 --> 00:12:59.570 LILIA, DHARMENDRA And they must have their work. 00:13:00.310 --> 00:13:02.760 LILIA, DHARMENDRA Exhibited in public exhibitions. 00:13:07.950 --> 00:13:18.380 LILIA, DHARMENDRA Commercial character is discussed in HQ 238490 and headquarters ruling 966363. 00:13:19.620 --> 00:13:21.330 LILIA, DHARMENDRA The explanation is straightforward. 00:13:22.120 --> 00:13:29.090 LILIA, DHARMENDRA Items must not be mass produced in commercial quantities by an automated process. 00:13:30.100 --> 00:13:31.120 LILIA, DHARMENDRA Specifically. 00:13:32.070 --> 00:13:40.690 LILIA, DHARMENDRA We are looking for an item that is unique and design style color scheme and dimensions to name a few. 00:13:42.970 --> 00:13:47.430 LILIA, DHARMENDRA Particles of utility this is an important term that we should comprehend. 00:13:48.540 --> 00:13:51.960 LILIA, DHARMENDRA After a few reads there are 2 distinctions. 00:13:52.790 --> 00:13:54.750 LILIA, DHARMENDRA Note the references that I provide. 00:13:55.610 --> 00:13:56.430 LILIA, DHARMENDRA In brief. 00:13:57.190 --> 00:14:01.410 LILIA, DHARMENDRA The first reference speaks to an article that has utility. 00:14:02.050 --> 00:14:03.090 LILIA, DHARMENDRA Think of a base. 00:14:04.910 --> 00:14:05.480 LILIA, DHARMENDRA Second. 00:14:06.410 --> 00:14:11.580 LILIA, DHARMENDRA The second reference speaks to where the utilitarian achievement is lost. 00:14:12.460 --> 00:14:17.870 LILIA, DHARMENDRA The best example that I have here is to think of that same phase, but now. 00:14:18.590 --> 00:14:24.650 LILIA, DHARMENDRA It's ornately painted by hand and it depicts images by an artist. 00:14:25.610 --> 00:14:34.910 LILIA, DHARMENDRA In the end, the vase is no longer valued or cherished for being a clay article that has been heated to make porcelain. 00:14:35.710 --> 00:14:38.130 LILIA, DHARMENDRA But it is valued or cherished. 00:14:38.810 --> 00:14:41.530 LILIA, DHARMENDRA Because of the artwork depicted on the surface. 00:14:45.890 --> 00:14:48.090 LILIA, DHARMENDRA Entirely and lithography. 00:14:49.000 --> 00:14:52.140 LILIA, DHARMENDRA Are provided here specifically for your reference? 00:14:52.900 --> 00:15:03.120 LILIA, DHARMENDRA They were terms that I covered in last year 's webinar that spoke specifically to mythography engravings and original prints. 00:15:08.420 --> 00:15:12.580 LILIA, DHARMENDRA Offset lithography again, is specific to heading 9702. 00:15:14.180 --> 00:15:16.210 LILIA, DHARMENDRA And is provided here for reference. 00:15:16.990 --> 00:15:17.710 LILIA, DHARMENDRA Restore. 00:15:18.950 --> 00:15:22.860 LILIA, DHARMENDRA An item is restored if it is brought back to its original condition. 00:15:24.650 --> 00:15:32.240 LILIA, DHARMENDRA Again, the headquarters and the New York references provide more details if you have further questions regarding these specific terms. 00:15:37.840 --> 00:15:43.030 LILIA, DHARMENDRA There will be times where certain works of art antiques and collectables require repair. 00:15:44.180 --> 00:15:48.660 LILIA, DHARMENDRA No again the headquarters and the New York references that speak to this term. 00:15:51.500 --> 00:15:52.450 LILIA, DHARMENDRA Primitive. 00:15:53.320 --> 00:15:54.320 LILIA, DHARMENDRA Is identified? 00:15:55.500 --> 00:16:04.670 LILIA, DHARMENDRA I will speak to this term in more detail in a future webinar where archaeological and ethnographic pieces become the focus of discussion. 00:16:05.390 --> 00:16:09.810 LILIA, DHARMENDRA But for right now if you have a specific question regarding primitive articles. 00:16:10.420 --> 00:16:12.750 LILIA, DHARMENDRA The headquarter reference is your starting point. 00:16:21.050 --> 00:16:21.900 LILIA, DHARMENDRA Contemporary. 00:16:22.670 --> 00:16:26.470 LILIA, DHARMENDRA Contemporary is defined as living or happening in the same time period. 00:16:30.480 --> 00:16:33.070 LILIA, DHARMENDRA Rarity grouping and presentation. 00:16:33.720 --> 00:16:36.960 LILIA, DHARMENDRA Our terms identified in the explanatory notes. 00:16:37.680 --> 00:16:47.660 LILIA, DHARMENDRA And more specifically heading 9705, so other than identifying them here for you. Today I will not go into a great deal of detail. 00:16:53.700 --> 00:16:55.560 LILIA, DHARMENDRA Uh would screen versus a painting. 00:16:56.850 --> 00:16:59.900 LILIA, DHARMENDRA Factors of consideration include the artist merit. 00:17:00.710 --> 00:17:02.830 LILIA, DHARMENDRA They use and the artist signature. 00:17:05.550 --> 00:17:11.410 LILIA, DHARMENDRA The court cases and the terms provide the foundation and the structure of our discussion today. 00:17:12.100 --> 00:17:15.870 LILIA, DHARMENDRA They also placed the chapter and the headings in the proper context. 00:17:16.890 --> 00:17:21.290 LILIA, DHARMENDRA I hope they save you some time and effort during your independent research. 00:17:22.120 --> 00:17:26.380 LILIA, DHARMENDRA Please note the court cases and the terms are not exhaustive. 00:17:27.370 --> 00:17:35.070 LILIA, DHARMENDRA But the list and the court cases that I provided to you today are current as of our discussion right now. 00:17:39.990 --> 00:17:43.570 LILIA, DHARMENDRA Questions and considerations for heading 9703 include. 00:17:44.470 --> 00:17:46.350 LILIA, DHARMENDRA What constitutes an original sculpture? 00:17:47.280 --> 00:17:48.260 LILIA, DHARMENDRA What is a relief? 00:17:48.930 --> 00:17:50.730 LILIA, DHARMENDRA But role this architecture play. 00:17:51.620 --> 00:17:54.880 LILIA, DHARMENDRA How to determine authentic versus non authentic sculptures? 00:17:56.120 --> 00:17:57.350 LILIA, DHARMENDRA As we move forward. 00:17:58.210 --> 00:18:04.350 LILIA, DHARMENDRA I hope to offer some insight as these were a few of my questions when I began my research. 00:18:09.570 --> 00:18:13.510 LILIA, DHARMENDRA Let's put some historical context to our discussion of the chapter and the heading. 00:18:14.520 --> 00:18:20.700 LILIA, DHARMENDRA The graphic on the right depicts the lion human dating back to the paleolithic period. 00:18:21.960 --> 00:18:34.040 LILIA, DHARMENDRA The item is carved from a mammoth Tusk and is and it is estimated to have taken more than 350 hours to complete using very primitive tools. 00:18:39.380 --> 00:18:45.830 LILIA, DHARMENDRA Sculpture encompases of variety of techniques tools and art processes. 00:18:46.940 --> 00:18:50.980 LILIA, DHARMENDRA A search of online resources will note a common theme. 00:18:52.870 --> 00:18:56.100 LILIA, DHARMENDRA Sculpture in of itself is an art. 00:18:56.700 --> 00:19:00.760 LILIA, DHARMENDRA That continues to grow change and evolve. 00:19:09.520 --> 00:19:12.410 LILIA, DHARMENDRA Molding casting carving. 00:19:13.800 --> 00:19:17.230 LILIA, DHARMENDRA And Assembly are the main sculpture techniques. 00:19:17.880 --> 00:19:18.940 LILIA, DHARMENDRA Keep this in mind. 00:19:19.830 --> 00:19:22.070 LILIA, DHARMENDRA We were going to revisit this shortly. 00:19:26.590 --> 00:19:29.010 LILIA, DHARMENDRA We've seen a variation of this slide before. 00:19:30.100 --> 00:19:33.420 LILIA, DHARMENDRA The court case addresses the criteria for a work of Art. 00:19:34.520 --> 00:19:53.660 LILIA, DHARMENDRA Original sculptures and Statuary must be of a rare and special genius usually attributed to works of the free Fine Arts. If it's the decorative arts. No if it's the industrial arts. No, it has to be of the free Fine Arts. 00:19:54.710 --> 00:20:01.290 LILIA, DHARMENDRA Here we have a working description or at least the framework of what encompasses the free Fine Arts. 00:20:01.990 --> 00:20:08.090 LILIA, DHARMENDRA Take note sculptures and and architecture are specifically identified. 00:20:14.120 --> 00:20:16.830 LILIA, DHARMENDRA Before, you as Chapter 97 Note 3. 00:20:17.830 --> 00:20:19.750 LILIA, DHARMENDRA We covered the term commercial character. 00:20:20.490 --> 00:20:22.490 LILIA, DHARMENDRA We covered the term artist criteria. 00:20:23.630 --> 00:20:26.770 LILIA, DHARMENDRA Do note if a sculpture is mass produced. 00:20:27.390 --> 00:20:31.470 LILIA, DHARMENDRA Even though created by the artist of the free Fine Arts. 00:20:32.790 --> 00:20:34.800 LILIA, DHARMENDRA The piece itself is excluded. 00:20:44.380 --> 00:20:47.370 LILIA, DHARMENDRA Before he was trapped or 97 note 48. 00:20:48.400 --> 00:20:57.660 LILIA, DHARMENDRA Simple and straightforward and article classified in this chapter can not be classified elsewhere in the tariff schedule. 00:20:59.720 --> 00:21:06.230 LILIA, DHARMENDRA I believe this note speaks specifically to the court cases and to terms we identified because. 00:21:07.840 --> 00:21:15.530 LILIA, DHARMENDRA The chapter is constructed very narrowly where those terms and the court cases, must be? 00:21:16.280 --> 00:21:18.200 LILIA, DHARMENDRA Considered when 00:21:19.180 --> 00:21:26.680 LILIA, DHARMENDRA consent when uh when attempting to determine if the article in a binding ruling or in an entry summary. 00:21:27.330 --> 00:21:30.510 LILIA, DHARMENDRA Is classified in chapter 97 or not? 00:21:34.350 --> 00:21:36.800 LILIA, DHARMENDRA In terms of entry summary documentation. 00:21:37.730 --> 00:21:42.680 LILIA, DHARMENDRA Title 19 code of federal regulation 10.48. 00:21:43.310 --> 00:21:49.120 LILIA, DHARMENDRA Discuss is imports wherein heading 9702 and 9703 are claimed. 00:21:55.830 --> 00:21:58.650 LILIA, DHARMENDRA Chapter 97 additional US note one. 00:21:59.340 --> 00:22:00.120 LILIA, DHARMENDRA Speaks. 00:22:01.010 --> 00:22:05.530 LILIA, DHARMENDRA To cache things replicas, and reproductions made? 00:22:06.290 --> 00:22:08.410 LILIA, DHARMENDRA From the original model. 00:22:10.050 --> 00:22:13.560 LILIA, DHARMENDRA This slide goes hand in hand with this slide. 00:22:16.360 --> 00:22:26.970 LILIA, DHARMENDRA The paragraph in red is a declaration made by the producer. The seller and the importer that attests to the sculptures original work. 00:22:28.190 --> 00:22:37.330 LILIA, DHARMENDRA CBP import specialists as well as myself will inquire of this CFR when reviewing entry documentation. 00:22:37.990 --> 00:22:39.450 LILIA, DHARMENDRA And binding ruling requests. 00:22:45.060 --> 00:22:51.950 LILIA, DHARMENDRA Ancient sculpture hand tools when compared to modern sculpture hand tools have experienced minimal change. 00:22:53.070 --> 00:22:59.810 LILIA, DHARMENDRA Basic tools, both ancient and modern include hammers chisels and compass is. 00:23:05.020 --> 00:23:10.810 LILIA, DHARMENDRA The graphic on the left is of different concave and convex carving tools. 00:23:11.520 --> 00:23:13.960 LILIA, DHARMENDRA The graphic on the right is a chart. 00:23:14.760 --> 00:23:20.030 LILIA, DHARMENDRA Of the different sweeps created by the tool once it strikes the surface. 00:23:25.620 --> 00:23:29.460 LILIA, DHARMENDRA Heading 9703 excludes 3 categories of articles. 00:23:30.770 --> 00:23:33.010 LILIA, DHARMENDRA With the exception of articles of adornment. 00:23:33.770 --> 00:23:37.810 LILIA, DHARMENDRA The excluded items are classified according to their constituent materials. 00:23:38.820 --> 00:23:40.440 LILIA, DHARMENDRA Let's cover, each in more detail. 00:23:46.900 --> 00:23:53.280 LILIA, DHARMENDRA Heading 9703 excludes ornamental sculptures of a commercial character. 00:23:54.230 --> 00:23:57.230 LILIA, DHARMENDRA Such as plaster lawn ornaments. 00:24:00.240 --> 00:24:02.990 LILIA, DHARMENDRA Clay ornaments metal ornaments. 00:24:04.030 --> 00:24:06.930 LILIA, DHARMENDRA Even if they were designed or created by the artist. 00:24:09.580 --> 00:24:10.210 LILIA, DHARMENDRA Again. 00:24:11.150 --> 00:24:13.350 LILIA, DHARMENDRA Commercially produced they're excluded. 00:24:18.470 --> 00:24:26.410 LILIA, DHARMENDRA Heading 9703 excludes articles of personal adornment or an immense or religious refugees. 00:24:27.420 --> 00:24:31.250 LILIA, DHARMENDRA Items such as the butterfly constructed of Gemstones. 00:24:31.980 --> 00:24:37.040 LILIA, DHARMENDRA And the gold necklace the pendant and the airing sets are excluded. 00:24:43.350 --> 00:24:51.190 LILIA, DHARMENDRA Here we have an original sculpture of the bust of Nefertiti completed in limestone with painted stucco layers. 00:24:53.080 --> 00:25:05.330 LILIA, DHARMENDRA If you take note of the 4 images on the right. The copper the cast. Aluminum the plaster and the 3 D print are examples of mass produced reproductions. 00:25:05.920 --> 00:25:07.260 LILIA, DHARMENDRA And are excluded. 00:25:12.660 --> 00:25:14.970 LILIA, DHARMENDRA This slide depicts an original sculpture. 00:25:15.600 --> 00:25:18.360 LILIA, DHARMENDRA A computed a computer aided design. 00:25:19.110 --> 00:25:25.350 LILIA, DHARMENDRA And a reproduction created in would using a computer numerical code machine. 00:25:26.670 --> 00:25:32.160 LILIA, DHARMENDRA The final wooden sculpture would be classified according to its constituent materials. 00:25:37.240 --> 00:25:40.720 LILIA, DHARMENDRA Here we have a recap of the 9703 exclusions. 00:25:46.290 --> 00:25:50.820 LILIA, DHARMENDRA The Red Box is the 9703 explanatory note as written. 00:25:51.850 --> 00:26:01.140 LILIA, DHARMENDRA There's a lot going on and eat in in this particular explanatory note, but no worries. We're going to cover each of the 6 paragraphs in detail. 00:26:07.170 --> 00:26:14.350 LILIA, DHARMENDRA The Blue Box identifies prehistoric sculptures to post modernist contemporary sculptures. 00:26:15.490 --> 00:26:23.270 LILIA, DHARMENDRA Heading 9703 as we see from the explanatory notes encompass sculptures both ancient or modern. 00:26:29.980 --> 00:26:33.490 LILIA, DHARMENDRA Here we have some of the earliest sculptures known to human history. 00:26:34.500 --> 00:26:39.360 LILIA, DHARMENDRA Sculptures from the prehistoric to the Hellenistic periods are depicted. 00:26:40.370 --> 00:26:42.970 LILIA, DHARMENDRA Do take note of the explanatory note language. 00:26:43.870 --> 00:26:46.400 LILIA, DHARMENDRA These items comprise statues. 00:26:47.100 --> 00:26:52.060 LILIA, DHARMENDRA Bus figurines representations of animals etc. 00:26:58.260 --> 00:27:01.800 LILIA, DHARMENDRA Sculptures from the Celtic to the broker identified. 00:27:03.040 --> 00:27:08.110 LILIA, DHARMENDRA Again, the images comprise statues busts figurines and animals. 00:27:08.700 --> 00:27:11.560 LILIA, DHARMENDRA And all are made of different raw materials. 00:27:18.970 --> 00:27:23.170 LILIA, DHARMENDRA Sculptures from the Rococo through the post modernist. 00:27:23.910 --> 00:27:25.790 LILIA, DHARMENDRA Contemporary period are identified. 00:27:27.340 --> 00:27:30.890 LILIA, DHARMENDRA Again, the sculptures and the subject matters are quite broad. 00:27:31.590 --> 00:27:36.210 LILIA, DHARMENDRA Each of these items are within the construct of heading 9703. 00:27:44.800 --> 00:27:51.940 LILIA, DHARMENDRA Paragraph 2 from the explanatory note in the red box tells us that sculptures maybe of any material. 00:27:52.920 --> 00:27:54.120 LILIA, DHARMENDRA Here we have marble. 00:27:54.790 --> 00:27:59.010 LILIA, DHARMENDRA Reconstituted Stone Clay would ivory. 00:27:59.820 --> 00:28:01.220 LILIA, DHARMENDRA Metal and wax. 00:28:03.060 --> 00:28:06.550 LILIA, DHARMENDRA I haven't asked Rick next to the graphic of the ivory tusks. 00:28:07.580 --> 00:28:15.350 LILIA, DHARMENDRA For more information regarding ivory and sculpture seed, the Executive Order 13648. 00:28:16.040 --> 00:28:18.760 LILIA, DHARMENDRA Dated July first 2013. 00:28:21.040 --> 00:28:25.880 LILIA, DHARMENDRA If after you view that executive order and you have additional questions. 00:28:27.190 --> 00:28:29.550 LILIA, DHARMENDRA Email me or contact me directly. 00:28:36.920 --> 00:28:41.340 LILIA, DHARMENDRA The bullet points here speak to certain characteristics of the different raw materials. 00:28:42.060 --> 00:28:47.010 LILIA, DHARMENDRA Such as durability, Glaze versatility cost. 00:28:47.720 --> 00:28:49.800 LILIA, DHARMENDRA And raw material availability. 00:28:50.720 --> 00:28:54.470 LILIA, DHARMENDRA Your independent research may yield additional facts. 00:28:58.640 --> 00:29:03.210 LILIA, DHARMENDRA Additional characteristics of each raw material or identified here as well. 00:29:04.020 --> 00:29:04.890 LILIA, DHARMENDRA I would like to note. 00:29:05.620 --> 00:29:10.510 LILIA, DHARMENDRA A sculpture will take on the characteristics of the raw material that's used. 00:29:11.120 --> 00:29:11.790 LILIA, DHARMENDRA For example, 00:29:12.560 --> 00:29:16.020 LILIA, DHARMENDRA sculptures of metal or highly reflective of light. 00:29:17.030 --> 00:29:18.400 LILIA, DHARMENDRA For Wood sculptures. 00:29:19.220 --> 00:29:24.460 LILIA, DHARMENDRA When a mineral spirit is added to the wood grain, the wood grain itself is highlighted. 00:29:25.040 --> 00:29:30.220 LILIA, DHARMENDRA Again, each raw material has their own unique characteristics. 00:29:36.590 --> 00:29:45.340 LILIA, DHARMENDRA The Explanatory note in the red box and the corresponding portion highlighted in red tells us that sculptures maybe in the round. 00:29:46.420 --> 00:29:56.260 LILIA, DHARMENDRA In the round is essentially a sculpture that can be seen from all sides and it gives the viewer several perspectives. 00:29:57.640 --> 00:30:00.740 LILIA, DHARMENDRA Here we have Edgar Allan Poe, returning to Boston. 00:30:01.800 --> 00:30:04.430 LILIA, DHARMENDRA The sculpture incorporates his briefcase. 00:30:05.160 --> 00:30:06.430 LILIA, DHARMENDRA With pages of text. 00:30:07.640 --> 00:30:08.380 LILIA, DHARMENDRA A Raven. 00:30:09.030 --> 00:30:09.750 LILIA, DHARMENDRA And a heart? 00:30:10.810 --> 00:30:16.370 LILIA, DHARMENDRA Or being symbolic figures that are identified in his stories and poems. 00:30:23.400 --> 00:30:32.450 LILIA, DHARMENDRA The Explanatory note in the red box and the corresponding portion highlighted in red tells us that sculptures maybe in the relief. 00:30:35.470 --> 00:30:40.730 LILIA, DHARMENDRA For relief is a carved figure projecting away from a leveled plane. 00:30:42.570 --> 00:30:47.840 LILIA, DHARMENDRA Low middle high and sunken relief are the 4 types. 00:30:55.380 --> 00:30:58.080 LILIA, DHARMENDRA The graphics here offer a visual perspective. 00:30:58.860 --> 00:31:00.140 LILIA, DHARMENDRA Of the relief types. 00:31:01.240 --> 00:31:08.320 LILIA, DHARMENDRA The Egyptian sculpture is sunken to the level plain indicative of sunken relief. 00:31:10.090 --> 00:31:11.080 LILIA, DHARMENDRA In contrast, 00:31:11.930 --> 00:31:15.630 LILIA, DHARMENDRA the horses appear to be stepping out of the background. 00:31:16.810 --> 00:31:18.400 LILIA, DHARMENDRA And into the foreground. 00:31:19.080 --> 00:31:21.940 LILIA, DHARMENDRA That's indicative of a high relief. 00:31:22.600 --> 00:31:24.500 LILIA, DHARMENDRA Again, both are sculptures. 00:31:36.710 --> 00:31:41.800 LILIA, DHARMENDRA The graphics here comprise an ancient and modern bronze sculpture bust. 00:31:42.550 --> 00:31:45.390 LILIA, DHARMENDRA The boss is a portrait of a person. 00:31:46.120 --> 00:31:51.430 LILIA, DHARMENDRA Comprising the neck the head the shoulders, or just the neck and the head. 00:31:52.080 --> 00:31:55.150 LILIA, DHARMENDRA Or in the case of the image on the right just the head. 00:32:01.470 --> 00:32:04.480 LILIA, DHARMENDRA The Red Box says the explanatory note as written. 00:32:06.280 --> 00:32:08.140 LILIA, DHARMENDRA The Blue box are the main points. 00:32:09.030 --> 00:32:10.610 LILIA, DHARMENDRA Sculptures are produced. 00:32:11.520 --> 00:32:22.580 LILIA, DHARMENDRA From various processes raw materials are continuously shaped and refined. We are each replica is more elaborate in detail than the previous. 00:32:23.490 --> 00:32:24.110 LILIA, DHARMENDRA Also. 00:32:24.810 --> 00:32:26.850 LILIA, DHARMENDRA For Chapter 97 specifically. 00:32:27.430 --> 00:32:30.690 LILIA, DHARMENDRA Original replicas do not exceed 12th. 00:32:37.270 --> 00:32:40.600 LILIA, DHARMENDRA The first image is a marble female bust. 00:32:41.520 --> 00:32:44.870 LILIA, DHARMENDRA The second image is a wooden Pegasus relief. 00:32:47.780 --> 00:32:54.210 LILIA, DHARMENDRA Would you classify and heading 9703 or elsewhere based on constituent materials? 00:32:55.460 --> 00:32:58.510 LILIA, DHARMENDRA Please take 20 seconds to type your thoughts in the chat box. 00:33:22.190 --> 00:33:25.900 LILIA, DHARMENDRA The chat box looks quite silent, we have one. 00:33:26.910 --> 00:33:31.330 LILIA, DHARMENDRA One person that identifies heading 9703 K. 00:33:33.660 --> 00:33:37.520 LILIA, DHARMENDRA 9703 second person so we have 29703. 00:33:52.720 --> 00:33:58.880 LILIA, DHARMENDRA OK, so far, it looks like everyone is on board with the heading 9703 in that the. 00:33:59.910 --> 00:34:04.800 LILIA, DHARMENDRA This culture of the female bust and the Pegasus relief are 9703. 00:34:06.060 --> 00:34:10.260 LILIA, DHARMENDRA Before I give you guys an answer, let's look into it. 00:34:11.630 --> 00:34:12.920 LILIA, DHARMENDRA In a little bit more detail. 00:34:22.080 --> 00:34:26.670 LILIA, DHARMENDRA Computer computer animated design, robotic milling. 00:34:27.290 --> 00:34:35.240 LILIA, DHARMENDRA And computer numerical control machines use software algorithms drill bits jigs. 00:34:35.940 --> 00:34:38.360 LILIA, DHARMENDRA And raw materials to sculpt and image. 00:34:39.940 --> 00:34:45.280 LILIA, DHARMENDRA This process is not within the construct of heading 9703. 00:34:50.160 --> 00:34:53.170 LILIA, DHARMENDRA Here we have a visual of what I just identified. 00:34:54.440 --> 00:34:57.240 LILIA, DHARMENDRA The machine starts with a block of marble. 00:34:58.090 --> 00:34:59.780 LILIA, DHARMENDRA And viewing from left to right. 00:35:00.430 --> 00:35:01.700 LILIA, DHARMENDRA Layer by layer. 00:35:02.440 --> 00:35:10.520 LILIA, DHARMENDRA The CNC machine carves the stone until a final female bust is revealed. 00:35:18.560 --> 00:35:29.720 LILIA, DHARMENDRA The graphic here depicts a block of wood is being carved again layer by layer by a CNC machine until the Pegasus is revealed. 00:35:37.200 --> 00:35:38.210 LILIA, DHARMENDRA In summation. 00:35:39.270 --> 00:35:50.920 LILIA, DHARMENDRA And it is very tricky, but in in the particular case for these 2 examples. These items would be classified according to their constituent material. 00:35:51.710 --> 00:35:56.810 LILIA, DHARMENDRA They are not within the construct of Chapter 97 and heading 9703. 00:36:06.200 --> 00:36:06.950 LILIA, DHARMENDRA Let's move on. 00:36:09.830 --> 00:36:11.140 LILIA, DHARMENDRA The central idea here. 00:36:12.340 --> 00:36:21.860 LILIA, DHARMENDRA Casting carving modeling and Assembly comprised the main processes by which original sculptures and Statuary are created. 00:36:26.380 --> 00:36:30.230 LILIA, DHARMENDRA Here we have 23 steps that occur with clay sculpting. 00:36:31.570 --> 00:36:34.020 LILIA, DHARMENDRA Clay sculptures begin with paper mache. 00:36:34.770 --> 00:36:40.110 LILIA, DHARMENDRA Blocks of clay are are continuously moulded excess clay is removed. 00:36:40.810 --> 00:36:53.590 LILIA, DHARMENDRA Uh the the clay sculpture is continuously shaped it's smoothed measurements are taken to constantly determine proportionality and perspective. 00:36:56.500 --> 00:37:02.710 LILIA, DHARMENDRA The next slide may give you guys a little bit more insight into all this in terms of what's going on? 00:37:05.440 --> 00:37:05.890 LILIA, DHARMENDRA OK. 00:37:06.820 --> 00:37:08.940 LILIA, DHARMENDRA Moving from left to right row by row. 00:37:09.790 --> 00:37:13.210 LILIA, DHARMENDRA The graphics presented here to pick the process. I just highlighted. 00:37:13.860 --> 00:37:14.860 LILIA, DHARMENDRA Paper mache. 00:37:15.480 --> 00:37:16.600 LILIA, DHARMENDRA Blocks of clay. 00:37:17.340 --> 00:37:19.660 LILIA, DHARMENDRA Continuously molding by hand. 00:37:20.340 --> 00:37:22.320 LILIA, DHARMENDRA Removal of excess clay. 00:37:23.280 --> 00:37:29.430 LILIA, DHARMENDRA And the use of tools to determine proportionality encompasses the sculpture process. 00:37:32.670 --> 00:37:39.280 LILIA, DHARMENDRA And items such as like this is within the framework of Chapter 97 heading 97,000,000. 00:37:42.490 --> 00:37:49.800 LILIA, DHARMENDRA The graphics here depict the final left center and the right profile of the clay sculpture. 00:37:54.400 --> 00:37:55.190 LILIA, DHARMENDRA Casting. 00:37:56.190 --> 00:38:03.840 LILIA, DHARMENDRA Casting is essentially putting your work in a plaster so that's several iterations can be made. 00:38:04.630 --> 00:38:12.470 LILIA, DHARMENDRA Casting involves creating a shell, adding strings of hemp fiber to add strength and durability. 00:38:13.210 --> 00:38:15.060 LILIA, DHARMENDRA Allowing the casting to dry. 00:38:15.810 --> 00:38:17.370 LILIA, DHARMENDRA Adding a layer of rubber. 00:38:18.150 --> 00:38:19.610 LILIA, DHARMENDRA Removing air bubbles. 00:38:20.230 --> 00:38:22.570 LILIA, DHARMENDRA And finally disassembly of the cast. 00:38:28.070 --> 00:38:28.530 LILIA, DHARMENDRA Again. 00:38:29.280 --> 00:38:31.440 LILIA, DHARMENDRA Viewing from left to right row by row. 00:38:32.320 --> 00:38:38.690 LILIA, DHARMENDRA The graphic here depicts and offers a visual of the steps that we just discussed. 00:38:39.690 --> 00:38:42.510 LILIA, DHARMENDRA Do note that throughout this whole process. 00:38:43.210 --> 00:38:50.010 LILIA, DHARMENDRA Multiple iterations of a sculpture can be made through the casting process. 00:38:54.810 --> 00:39:01.760 LILIA, DHARMENDRA The graphic on the left is the original clay sculpture. The graphic on the right is the first plaster mold. 00:39:08.870 --> 00:39:13.770 LILIA, DHARMENDRA Chapter 97 additional US note, one is identified in the red box. 00:39:14.990 --> 00:39:21.510 LILIA, DHARMENDRA Essentially, what we have is the original clay sculpture, plus the first 12 castings. 00:39:22.680 --> 00:39:24.160 LILIA, DHARMENDRA Take note of the Red Arrow. 00:39:25.440 --> 00:39:29.520 LILIA, DHARMENDRA Because of the Chapter 97 additional additional US note one. 00:39:30.160 --> 00:39:31.900 LILIA, DHARMENDRA The 13th cast. 00:39:32.560 --> 00:39:34.480 LILIA, DHARMENDRA Would be classified elsewhere? 00:39:41.440 --> 00:39:44.640 LILIA, DHARMENDRA Testing can be summarized in 8 steps. 00:39:45.660 --> 00:39:49.210 LILIA, DHARMENDRA They include shimming with wooden blocks. 00:39:50.290 --> 00:39:53.190 LILIA, DHARMENDRA Addition of the blue rubber coat layer. 00:39:55.320 --> 00:40:01.080 LILIA, DHARMENDRA Molded casing with metal bars added to add reinforcement. 00:40:02.880 --> 00:40:06.460 LILIA, DHARMENDRA Creation of the opposite half or the rear of the mold. 00:40:07.460 --> 00:40:12.790 LILIA, DHARMENDRA Separation of the mold preparation pouring and breaking. 00:40:14.770 --> 00:40:17.600 LILIA, DHARMENDRA Descriptions are provided here for future reference. 00:40:24.990 --> 00:40:26.250 LILIA, DHARMENDRA Moving from left to right. 00:40:26.860 --> 00:40:27.760 LILIA, DHARMENDRA Layer by layer. 00:40:28.930 --> 00:40:29.670 LILIA, DHARMENDRA Tirzah. 00:40:30.410 --> 00:40:33.190 LILIA, DHARMENDRA Visual summary of the casting process. 00:40:49.220 --> 00:40:53.510 LILIA, DHARMENDRA This slide reiterates Chapter 97 additional US note one. 00:40:54.350 --> 00:40:59.770 LILIA, DHARMENDRA The Red Arrow, pointing to the 13th cast would be classified elsewhere. 00:41:07.710 --> 00:41:13.050 LILIA, DHARMENDRA The images here depict the carving or a carving of an eagle in flight. 00:41:14.420 --> 00:41:17.010 LILIA, DHARMENDRA The carving is created using a stump of a tree. 00:41:19.080 --> 00:41:21.930 LILIA, DHARMENDRA Would this item be classified in chapter 97? 00:41:23.590 --> 00:41:26.720 LILIA, DHARMENDRA Please take a few moments to type your thoughts in the chat. 00:41:28.400 --> 00:41:32.880 LILIA, DHARMENDRA More So what questions would you ask yourself before making a determination? 00:42:00.600 --> 00:42:08.910 LILIA, DHARMENDRA To speak a little bit more to the slide again. We have a raw material. We have would that's a stump of a tree. 00:42:10.120 --> 00:42:11.050 LILIA, DHARMENDRA Uhm. 00:42:12.030 --> 00:42:22.580 LILIA, DHARMENDRA We have someone who's carving they're using their hands in this case. They're using a hand tool. Uh all be it. It's a I think a chainsaw of some type. 00:42:27.190 --> 00:42:31.550 LILIA, DHARMENDRA Uh Irena banks that's a good question, and that's one of the main questions. I would ask myself. 00:42:33.790 --> 00:42:39.850 LILIA, DHARMENDRA Going back to some of our terms and those court cases that shaped chapter 97. 00:42:40.820 --> 00:42:41.510 LILIA, DHARMENDRA Ah. 00:42:42.350 --> 00:42:44.410 LILIA, DHARMENDRA One of the questions I would ask myself is. 00:42:45.200 --> 00:42:46.520 LILIA, DHARMENDRA What's the name of the artist? 00:42:47.200 --> 00:42:49.020 LILIA, DHARMENDRA Does he have a Fine Arts degree? 00:42:49.970 --> 00:42:53.160 LILIA, DHARMENDRA Uhm is his work exhibited in museums. 00:42:53.930 --> 00:42:55.110 LILIA, DHARMENDRA Is he well known? 00:42:57.770 --> 00:43:02.710 LILIA, DHARMENDRA Kate absolutely is the artist graduated with a degree in free Fine Arts. 00:43:04.800 --> 00:43:05.930 LILIA, DHARMENDRA I do want to point out. 00:43:06.690 --> 00:43:07.390 LILIA, DHARMENDRA Uhm. 00:43:08.060 --> 00:43:15.350 LILIA, DHARMENDRA There are world renowned artists who attend a Fine Arts University. 00:43:16.680 --> 00:43:17.440 LILIA, DHARMENDRA However. 00:43:18.200 --> 00:43:21.340 LILIA, DHARMENDRA If they attend a Fine Arts University. 00:43:22.030 --> 00:43:27.450 LILIA, DHARMENDRA But they have a degree in decorative arts or industrial arts. 00:43:29.970 --> 00:43:30.960 LILIA, DHARMENDRA Their items. 00:43:31.720 --> 00:43:34.220 LILIA, DHARMENDRA Even though created by professional artist. 00:43:34.850 --> 00:43:49.970 LILIA, DHARMENDRA Is not within the framework of chapter 97? Chapter 97 the court cases and the terms tell us the article must be of the free Fine Arts, so let's get back to this slide. 00:43:50.920 --> 00:43:54.030 LILIA, DHARMENDRA And for those of you who? 00:43:54.080 --> 00:43:58.150 LILIA, DHARMENDRA Who guest chapter in 97 and heading 9703? 00:43:58.800 --> 00:44:00.900 LILIA, DHARMENDRA Uhm I have those. 00:44:01.780 --> 00:44:10.640 LILIA, DHARMENDRA Terms and court cases for you guys for future reference for those who identified that additional information is required. 00:44:11.240 --> 00:44:29.800 LILIA, DHARMENDRA To determine if this artist or this person is an artist of the free Fine Arts. Those are some of the questions that you guys would have to ask and if that's was your perspective, then I'm in agreement with you essentially for this particular slide. 00:44:30.660 --> 00:44:35.680 LILIA, DHARMENDRA It's a sculpture it's a raw material, but we know nothing of the artist. 00:44:39.940 --> 00:44:44.270 LILIA, DHARMENDRA Uh Tim Beckett ask a question did Michelangelo Harvard degree in Fine Arts. 00:44:44.860 --> 00:44:46.160 LILIA, DHARMENDRA Excellent question Tim. 00:44:47.130 --> 00:44:52.880 LILIA, DHARMENDRA Uh if we pull out the explanatory notes for Chapter 97 heading 9703. 00:44:53.900 --> 00:44:58.970 LILIA, DHARMENDRA Ah sculpture encompasses those both ancient and modern. 00:45:05.810 --> 00:45:06.550 LILIA, DHARMENDRA Moving on. 00:45:08.930 --> 00:45:14.120 LILIA, DHARMENDRA The sculptures here are created through the Assembly of plastic and metal items. 00:45:15.680 --> 00:45:20.990 LILIA, DHARMENDRA At first I didn't think that these were within the framework of Chapter 97 and heading 9703. 00:45:22.090 --> 00:45:26.980 LILIA, DHARMENDRA But in fact, these pieces are within the framework of Chapter 97. 00:45:27.560 --> 00:45:32.000 LILIA, DHARMENDRA And they would be classified in heading 9703 reason why. 00:45:32.770 --> 00:45:35.010 LILIA, DHARMENDRA The artists who crafted these pieces. 00:45:35.630 --> 00:45:40.350 LILIA, DHARMENDRA Has a Fine Arts degree exhibits her works in museums? 00:45:41.100 --> 00:45:44.240 LILIA, DHARMENDRA And is renowned and well known in art circles. 00:45:48.690 --> 00:45:54.380 LILIA, DHARMENDRA Here we have the thinker the little dancer the discus thrower and the spider. 00:45:55.810 --> 00:45:59.600 LILIA, DHARMENDRA Each of these items are within the framework of heading 9703. 00:46:05.300 --> 00:46:13.170 LILIA, DHARMENDRA As we noted chapter 97 focuses on the Fine Arts of which architecture is identified as well. 00:46:17.530 --> 00:46:26.530 LILIA, DHARMENDRA The Lincoln Memorial Mount Rushmore and the Martin Luther King Junior Memorial Stone of hope are reliefs. 00:46:27.120 --> 00:46:34.650 LILIA, DHARMENDRA For architectural purposes and therefore included in the explanatory notes to heading 9703. 00:46:39.340 --> 00:46:42.370 LILIA, DHARMENDRA The first image depicts Henry Bacon. 00:46:42.990 --> 00:46:47.750 LILIA, DHARMENDRA And architectural sketch from 1917 of the Lincoln Memorial. 00:46:49.120 --> 00:46:58.410 LILIA, DHARMENDRA The 2 images on the right depicts sculpture sculptor Daniel Chester with 2 scale models of the Lincoln Memorial. 00:47:04.640 --> 00:47:17.630 LILIA, DHARMENDRA The 2 graphics here and the 4 corresponding Red Arrows point to original sculptors sculptures that served as the premise. The framework and the model for the Lincoln Memorial. 00:47:20.920 --> 00:47:25.670 LILIA, DHARMENDRA The 4 graphics here depicted different stages in the construction of the memorial. 00:47:26.720 --> 00:47:32.640 LILIA, DHARMENDRA Again, why is this considered within the framework of 9703 because it is a relief. 00:47:40.930 --> 00:47:44.040 LILIA, DHARMENDRA The center graphic depicts the artist. 00:47:45.390 --> 00:47:49.140 LILIA, DHARMENDRA Artist Slash Sculptor Lei Xin. 00:47:49.730 --> 00:47:58.810 LILIA, DHARMENDRA Using sculpture tools and creating a clay rendering that will later serve as the model for the MLK memorial. 00:48:00.390 --> 00:48:06.460 LILIA, DHARMENDRA The 9 graphics on the right they picked a different angles and the early artists and his renditions. 00:48:09.910 --> 00:48:11.400 LILIA, DHARMENDRA Here we have the artist. 00:48:12.710 --> 00:48:27.860 LILIA, DHARMENDRA Whereby he is continuously refining and adding detail to the scale model do note again dump the pieces being crafted or constructed by the hand of the artist. 00:48:28.610 --> 00:48:32.770 LILIA, DHARMENDRA Again, that goes back to the terms and the court cases, we covered. 00:48:37.160 --> 00:48:48.080 LILIA, DHARMENDRA The graphic on the left depicts the artist continuously shaping a large scale clay model that will later serve as the template. 00:48:48.820 --> 00:48:52.510 LILIA, DHARMENDRA For the 4 stone models that are depicted on the right. 00:48:57.710 --> 00:49:12.150 LILIA, DHARMENDRA In 3 of the 6 images here, the artist slashed the sculptor is seen using his own hands and tools to sculpt and shape certain profiles into the face of the stone. 00:49:18.020 --> 00:49:19.480 LILIA, DHARMENDRA We've seen this slide before. 00:49:20.640 --> 00:49:23.740 LILIA, DHARMENDRA Keep in mind, the main points identified in the red box. 00:49:25.170 --> 00:49:26.440 LILIA, DHARMENDRA At the heading level. 00:49:27.400 --> 00:49:31.340 LILIA, DHARMENDRA Sculptures may be produced by various processes and materials. 00:49:32.280 --> 00:49:35.740 LILIA, DHARMENDRA Reproductions include the first plaster model. 00:49:36.810 --> 00:49:44.850 LILIA, DHARMENDRA Original works do take into account the preliminary model, the clay form and certain copies. 00:49:45.680 --> 00:49:48.420 LILIA, DHARMENDRA And the key thing there is that as each. 00:49:49.660 --> 00:49:51.040 LILIA, DHARMENDRA Each time the artist. 00:49:51.890 --> 00:49:57.410 LILIA, DHARMENDRA Molds the sculpture the the original step or the previous step. 00:49:58.240 --> 00:49:59.980 LILIA, DHARMENDRA Will never be quite identical? 00:50:00.940 --> 00:50:09.880 LILIA, DHARMENDRA Speaking to number 4 and the Chapter 97 additional US note original replicel replicas rarely exceed 12. 00:50:15.180 --> 00:50:19.590 LILIA, DHARMENDRA When considering if Chapter 97 and heading 9703 is appropriate. 00:50:20.210 --> 00:50:24.820 LILIA, DHARMENDRA Inquire of the following items also keep in mind, the court cases, we cover. 00:50:28.070 --> 00:50:30.870 LILIA, DHARMENDRA Briefly, I will cover provenance. 00:50:32.230 --> 00:50:35.020 LILIA, DHARMENDRA Provenance is about confirming authenticity. 00:50:35.650 --> 00:50:39.390 LILIA, DHARMENDRA Stated differently, Providence leaves no doubt. 00:50:42.500 --> 00:50:49.650 LILIA, DHARMENDRA A search of the term provenance will yield a spectrum of information on how to identify legitimate articles. 00:50:50.300 --> 00:50:54.140 LILIA, DHARMENDRA 20 areas are discussed 10 or identified here. 00:50:55.050 --> 00:51:03.660 LILIA, DHARMENDRA I find item 10 is of importance because it's specifically breaks down the article or the art piece in of itself. 00:51:10.050 --> 00:51:11.670 LILIA, DHARMENDRA Take note of item 13. 00:51:12.520 --> 00:51:14.020 LILIA, DHARMENDRA Provenance is fact. 00:51:14.700 --> 00:51:20.590 LILIA, DHARMENDRA Facts should offer verifiable concrete and irrefutable proof. 00:51:25.560 --> 00:51:28.700 LILIA, DHARMENDRA This slide identifies additional areas to be mindful of. 00:51:29.710 --> 00:51:34.250 LILIA, DHARMENDRA Pay particular attention to the red flags of item 18 and 20. 00:51:35.320 --> 00:51:43.290 LILIA, DHARMENDRA Specifically, when you see terms such as attributed to the artist or it is believed or. 00:51:44.220 --> 00:51:51.280 LILIA, DHARMENDRA The person I got it from told me so all are red flags when it comes to determining authenticity. 00:51:53.860 --> 00:51:54.560 LILIA, DHARMENDRA Moving on. 00:51:55.500 --> 00:51:59.810 LILIA, DHARMENDRA Certificates of authenticity and provenance go hand in hand. 00:52:00.590 --> 00:52:06.130 LILIA, DHARMENDRA Both speak to factors of a crediting or discrediting a particular art piece. 00:52:06.870 --> 00:52:10.910 LILIA, DHARMENDRA Do not take for granted that both real and fake certificates exist. 00:52:13.670 --> 00:52:20.820 LILIA, DHARMENDRA If a certificate of what if a certificate of authenticity is obtained to gauge provenance. 00:52:21.520 --> 00:52:24.340 LILIA, DHARMENDRA Pay attention to the particulars of the certificate. 00:52:25.170 --> 00:52:27.050 LILIA, DHARMENDRA Be mindful of item number 3. 00:52:28.120 --> 00:52:34.800 LILIA, DHARMENDRA Do not consider a certificate of authenticity as genuine unless it is verified. 00:52:39.850 --> 00:52:48.720 LILIA, DHARMENDRA Item 6 through 10 identify a few red flags to also be mindful of such as our opinion we believe. 00:52:49.530 --> 00:52:52.160 LILIA, DHARMENDRA Or even an out of date source document. 00:52:53.530 --> 00:53:00.170 LILIA, DHARMENDRA As we closeout Providence and certificates over denticity I come back to the theme each area stresses. 00:53:01.350 --> 00:53:08.200 LILIA, DHARMENDRA Provenance and certificates must be verifiable concrete and irrefutable. 00:53:09.390 --> 00:53:13.440 LILIA, DHARMENDRA Again provenance leaves no doubt. 00:53:17.250 --> 00:53:24.460 LILIA, DHARMENDRA I conducted a keyword search and cross specific to heading 9703 at compiled a shortlist of rulings. 00:53:25.270 --> 00:53:29.170 LILIA, DHARMENDRA We're heading 9703 was requested and denied. 00:53:29.960 --> 00:53:34.440 LILIA, DHARMENDRA As well as those we're heading 9703 was confirmed. 00:53:35.850 --> 00:53:44.730 LILIA, DHARMENDRA Hopefully these references will offer some perspective into the chapter and the heading when you are doing your own independent research. 00:53:52.520 --> 00:54:05.280 LILIA, DHARMENDRA Provided for you are a few noteworthy links that have helped me as I learn and research about Chapter 97 and all of the different intricacies. 00:54:06.870 --> 00:54:07.680 LILIA, DHARMENDRA Of the chapter. 00:54:12.900 --> 00:54:15.790 LILIA, DHARMENDRA Here we have a recap of the items, we covered. 00:54:24.230 --> 00:54:25.000 LILIA, DHARMENDRA Please note. 00:54:26.170 --> 00:54:34.730 LILIA, DHARMENDRA The preferred mechanism that will offer a detailed constructive analysis of your classification concern. 00:54:35.630 --> 00:54:38.910 LILIA, DHARMENDRA Would be for you to initiate a binding ruling request. 00:54:40.360 --> 00:54:48.350 LILIA, DHARMENDRA I would try to address a few questions now but Please note certain questions will require additional research. 00:54:49.330 --> 00:54:50.880 LILIA, DHARMENDRA And detailed information. 00:54:51.920 --> 00:54:54.780 LILIA, DHARMENDRA Please type any questions in the chat box now. 00:55:11.860 --> 00:55:15.080 LILIA, DHARMENDRA Hey, the question is requesting to show slide 24. 00:55:36.940 --> 00:55:37.760 LILIA, DHARMENDRA Uhm. 00:55:38.890 --> 00:55:44.060 LILIA, DHARMENDRA Romy Fung, the system is not allowing me to piggy back to the specific slide. 00:55:53.280 --> 00:55:55.500 LILIA, DHARMENDRA OK let's see if we could scroll back manually. 00:56:27.510 --> 00:56:41.360 LILIA, DHARMENDRA Alyssa Alvarez, we are at slide 24, UM if you would go ahead with your question. And while you do that. Bradley Yes, the PowerPoint and the slot well the web and R. 00:56:42.000 --> 00:56:46.180 LILIA, DHARMENDRA Uh will be uploaded to a CBP website and it will be provided. 00:56:47.000 --> 00:56:51.380 LILIA, DHARMENDRA Once all the webinars are complete for the 2022 calendar year. 00:57:02.930 --> 00:57:07.210 LILIA, DHARMENDRA Uh Bina Shah, Oh, I see you have a question regarding religious sculptures. 00:57:08.970 --> 00:57:09.680 LILIA, DHARMENDRA Again. 00:57:10.340 --> 00:57:17.830 LILIA, DHARMENDRA The key words there that you identified as a sculpture or a religious piece or will it be classified in chapter 97? 00:57:18.240 --> 00:57:41.950 LILIA, DHARMENDRA Uh unless I have more information from you I can confirm an answer for you reason being who made the sculpture do. They have a degree in the free Fine Arts and are they known in art circles again? What why am I asking those questions. It's because the framework of the court cases and the terms shaped what can go into Chapter 97. 00:57:49.940 --> 00:58:09.870 LILIA, DHARMENDRA Obina are in that case, my polym. Anari response would be no there is no degree if it's locally made that person from my perspective, then would be considered a Craftsman in terms of how the explanatory notes approached that particular term. 00:58:15.680 --> 00:58:20.690 LILIA, DHARMENDRA Henry Darst, you have a question regarding modern conceptual art. 00:58:21.420 --> 00:58:23.890 LILIA, DHARMENDRA Uh involving sound and video. 00:58:24.540 --> 00:58:51.110 LILIA, DHARMENDRA Uhm that again would we require some more research reason being up from the information that I reviewed in cross from the explanatory notes from the court case is sound and video equipment have not come up in any of the keyword searches keyword searches searches. I performed or any of the narratives that I've read. 00:58:54.230 --> 00:58:59.860 LILIA, DHARMENDRA R Romeo or Feng would you kindly please go to slide? 00:59:01.790 --> 00:59:04.530 LILIA, DHARMENDRA 101, which is our contact information. 00:59:22.110 --> 00:59:24.150 LILIA, DHARMENDRA OK, thank you. 00:59:24.760 --> 00:59:31.100 LILIA, DHARMENDRA In view as my contact information along with national import Specialist Associate Romano Rafik. 00:59:32.460 --> 00:59:40.010 LILIA, DHARMENDRA I think the CBP national commodities specialist division webmasters for a smooth delivery of today's presentation. 00:59:41.470 --> 00:59:46.200 LILIA, DHARMENDRA For the audience, I thank you for your undivided attention your engagement. 00:59:47.040 --> 00:59:49.360 LILIA, DHARMENDRA And I hope you found the materials constructive. 00:59:50.280 --> 00:59:51.970 LILIA, DHARMENDRA Uh enjoy your day.