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NY I88090

November 25, 2002

CLA-2-69:RR:NC:2:227 I88090


TARIFF NO.: 6909.19.5095

Mr. Tom Duncan
Rambridge Wholesale Supply
#1 – 2421 Centre Avenue, S.E.
Calgary, Canada T2E 0A9

RE: The tariff classification of a horticulture device from Austria.

Dear Mr. Duncan:

In your letter dated October 30, 2002, you requested a tariff classification ruling.

The subject merchandise, based on the information submitted, is known as the Tropf-Blumat that functions as an automatic, self-watering horticulture device. It consists of the following components: a hollow ceramic (non-porcelain) brownish-orange cone; a transparent plastic green cylinder-like fitted attachment; a plastic screw-on dark green dome-shaped top incorporating a small white cylinder-like urethane diaphragm; an irrigation hose with connection tee (capable of fitting onto an eight millimeter main feed line); and a plastic brown adjustable top knob for the proper setting of the hose in relation to the diaphragm. It is noted that the water supply can come directly from a hose tap using a pressure regulator, a gravity-feed rain barrel, or a water reservoir using a pond pump for line pressure.

It is stated that the special properties of the ceramic cone, based on the principles of a tensiometer (an instrument for measuring the surface tension of liquids), serves as a sensor interface between the soil moisture and the interior cone water. When the soil dries, it functions in enabling the internal cone water to migrate closer to the exterior portion of the cone (not passing through), and consequently drawing the diaphragm downward to reduce pressure on the hose and increase the water flow. When the soil moisture level increases, the diaphragm will rise to increase pressure on the hose and reduce the water flow. In this manner, it constantly operates in the maintenance of proper moisture levels for the growth of plants, flowers, and vegetables.

You state that this merchandise should be properly classified under subheading 8424.81, Harmonized Tariff Schedule of the United States (HTS), which provides for mechanical appliances for projecting, dispensing or spraying liquids or powdersother appliances: agricultural or horticultural. However, Note 1 (b) of Chapter 84, HTS, excludes machinery or appliances (for example, pumps) of ceramic material and ceramic parts of machinery of any material (chapter 69). Therefore, based on this exclusionary language, consideration of classification under subheading 8424.81, HTS, is precluded.

The applicable subheading for the Tropf-Blumat will be 6909.19.5095, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic wares for laboratory, chemical or other technical usesother than of porcelain or china, other. The rate of duty will be 4 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

If you have any questions regarding the ruling, contact National Import Specialist George Kalkines at 646-733-3028.


Robert B. Swierupski

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