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NY J88038

September 15, 2003

CLA-2-84:RR:NC:1:102 J88038


TARIFF NO.: 8481.80.9050

Ms. Mary Van der Vieren
Wal-Mart Logistics
MS# 0410 - L-32
601 N. Walton Blvd.
Bentonville, AR 72716-0410

RE: The tariff classification of hose timers from China

Dear Ms. Van der Vieren:

In your letter dated August 11, 2003 you requested a tariff classification ruling on behalf of Wal-Mart.

The articles in question are described as a dual dial electronic hose timer, item number 58853, and a mechanical hose timer, item number 58892. The timers incorporate a valve mechanism and allow the flow of water through a typical garden hose to be controlled as a function of time.

In your request you ask about the applicability of the special tariff provision of subheading 9817.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which applies to machinery, equipment, and implements to be used for agricultural or horticultural purposes. While it is recognized that irrigation is an agricultural or horticultural activity, the hose timers in question are only parts to be used in watering/irrigation systems. The timers are not watering/irrigation systems in and of themselves and do not meet the terms of subheading 9817.00.5000, HTSUS. Further, subheading 9817.00.6000, HTSUS, is also not applicable because the hose timers are parts to be used in the watering/irrigation systems of HTSUS heading 8424, rather than parts to be used in the articles of HTSUS headings 8432, 8433, 8434 and 8436.

The applicable subheading for the hose timers will be 8481.80.9050, HTSUS, which provides for other taps, cocks, valves and similar appliances. The rate of duty will be 2 percent ad valorem.

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 Kenneth T. Brock at 646-733-3009.


Robert B. Swierupski

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