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NY 890716

October 5, 1993

CLA-2-84:S:N:N1:106 890716


TARIFF NO.: 8424.81.9030; 9817.00.5000

Ms. Debra Tuft
Expeditors International
980 Lone Oak Road
Suite 128
Eagan, MN 55121

RE: The tariff classification of a hydroponic growing system from Hong Kong.

Dear Ms. Tuft:

In your letter dated September 1, 1993, on behalf of Garden Party Products Inc., you requested a tariff classification ruling.

The merchandise in question is a so-called Power Grower which is basically a hydroponic growing system using a form of drip irrigation. The Power Grower is intended to be used by home hobbyists and small specialty crop growers. The basic components of the Power Grower include a base unit which incorporates a two- speed air pump, a reservoir, a growing chamber, a drip ring, inductor tube, pumping column, drain/level indicator tube, air tube and legs.

In operation, a soil-free plant is placed in the growing chamber of the Power Grower in a medium of light-weight baked clay pebbles. Air is pumped into the inductor tube below the level of the nutrient solution and forces this solution up the tube to the drip ring. The solution slowly drips onto the growing medium which then holds the moisture and nutrients and thus feeds the root system of the plant. As the plant grows to maturity, the root system eventually grows through holes in the growing chamber into the reservoir itself.

It is your contention that the Power Grower is classified as other agricultural machinery in subheading 8436.80.0090, Harmonized Tariff Schedule of the United States (HTS). However, this machine is also described in heading 8424, HTS, which provides for mechanical appliances for projecting, dispersing or spraying liquids. Classification in heading 8424, HTS, is indicated by operation of Note 2 to Chapter 84, HTS, which states:

Subject to the operation of Note 3 to section XVI, a machine or appliance which answers to a description in one or more of the headings 8401 to 8424 and at the same time to a description in one or more of the headings 8425 to 8430 is to be classified under the appropriate heading of the former group and not the latter.

The applicable subheading for the Power Grower will be 8424.81.9030, HTS, which provides for other agricultural or horticultural appliances for projecting, dispersing or spraying liquids. The rate of duty will be 3.7 percent ad valorem.

Machinery, equipment and implements to be used for agricultural or horticultural purposes are provided for under the special classification provision of subheading 9817.00.5000, HTS. Upon the submission of actual use certification, as provided in Section 10.131-139 of the Customs Regulations, the Power Grower would be classifiable in subheading 9817.00.5000, HTS, and would be free of duty.

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

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