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NY D80904


August 11, 1998

CLA-2-90:RR:NC:1:105 D80904

CATEGORY: CLASSIFICATION

TARIFF NO.: 9026.10.6000

Mr. William A. Vollmerhausen

Kmart Corporation

3100 West Big Beaver Road

Troy, MI 48084-3163

RE: The tariff classification of a Tree Water Monitor from China

Dear Mr. Vollmerhausen:

In your letter dated July 16, 1998, you requested a tariff classification ruling.

The "Santa Sentry Tree Water Monitor" will be used for measuring or checking the level of water that is contained in tree stands. It consists of two wires in the body of a tube. When there is water covering the bare wire at the end of both wires, the water acts as a conductor and the circuit is completed. When the circuit is complete, it sends a message to the microprocessor that turns the light off. When the water level goes below the level of the bare wire, there is no longer water to act as a conductor to complete the circuit. When this is sensed by the microprocessor, it turns the flashing LED on. When the water is added again, it will re-establish the complete circuit and the light is turned off.

The tree water monitor is not an electrical item for the purpose of this chapter. See Additional U.S. Note 2 for chapter 90 which states, "for the purpose of this chapter, the term electrical when used in reference to instruments, appliances, apparatus and machines, refers to those articles the operation of which depends on an electrical phenomenon which varies according to the factor to be ascertained."

The applicable subheading for the tree water monitor will be 9026.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for non-"electrical" instruments and apparatus for measuring or checking the level of liquids. The rate of duty will be free.

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

A copy of this 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 this ruling, contact National Import Specialist James Sheridan at (212) 466-5669.

Sincerely,


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