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NY D84970




December 17, 1998

CLA-2-85:RR:NC:1:112 D84970

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.89.9695

Mr. Michael B. Hinkle
American QuantumPONIC Imports
5911 E. University #108
Dallas, TX 75206

RE: The tariff classification of a "QuantumPONICS". The country of origin is not stated.

Dear Mr. Hinkle:

In your letter, which was received by this office on November 23, 1998, you requested a tariff classification ruling.

As indicated by the submitted descriptive literature, the "QuantumPONICS" is a device which is used to assist in the growth of various types of plants. It consists of a transformer and a specially wired coil. The specific models in question are designated as AMA-60; AMA-200, AMA-150/2, AMA-500/2, and QuantumGarden. In operation, the coil causes the electrons in the hydroponic reservoir to become excited, causing the electrons to loose some of their energy which is stored in the reservoir. It is stated that the plants can use this energy to grow faster and healthier.

The applicable tariff provision for the "QuantumPONICS" will be 8543.89.9695, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other electrical machines and apparatus, ..., not specified or included elsewhere in Chapter 85, HTUSA. The general rate of duty will be 2.9 percent ad valorem. For merchandise entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 1999, the rate of duty will be 2.6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 David Curran at 212-466-5680.

Sincerely,

Robert B. Swierupski
Director,

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