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NY E86303

September 14, 1999

CLA-2-90:RR:NC:MM:105 E86303


TARIFF NO.: 9025.80.3500

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, MN 55425

RE: The tariff classification and marking of a Moisture Meter from Taiwan

Dear Ms. Peiffer:

In your letter, dated August 16, 1999, for Fiskars, you requested a tariff classification ruling.

The import has an eight inch long metal rod, designed to be stuck into the soil, and a needle gauge marked “DRY-MOIST-WET”. The package is marked, in large letters, “Moisture Meter” and, in French, “Hygrometre pour plantes”. It enables a gardener to determine the approximate moisture content of his soil.

You propose classification in HTS 9026.10.6000. However, the sample does not measure the flow or level of liquid water, only its degree of presence in a solid, i.e., soil.

The applicable subheading for this item will be 9025.80.3500, Harmonized Tariff Schedule of the United States (HTS), which provides for non-recording hygrometers and psychrometers. The general rate of duty will be 1.4 percent ad valorem.

We note that the only country of origin marking on the blister-packed sample is a MADE IN TAIWAN in lettering about 1/32 inch high on the back. This is therefore about ¼ the height and thus 1/16 of the area as it appears in this letter. We do not consider it sufficiently legible for the purposes of Customs Regulation 134.11. Therefore, any shipments with the same marking should not be released from Customs custody per CR 134.51.

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 James Sheridan at 212-637-7037.


Robert B. Swierupski
National Commodity

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