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NY I88089




November 25, 2002

CLA-2-69:RR:NC:2:227 I88089

CATEGORY: CLASSIFICATION

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 houseplant 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 an automatic, self-watering houseplant device which is known as the Blumat-Junior. It consists of the following components: a hollow ceramic (non-porcelain) cone; a transparent plastic brown cylinder-like fitted attachment; a plastic round green top; and an irrigation hose with a ceramic tip.

It is stated that the water-filled cone will be inserted into the soil, while the irrigation hose is placed in a water-filled container. Based on the principles of a tensiometer (an instrument for measuring the surface tension of liquids), the properties of the ceramic cone will draw water from the container and through its ceramic body for dispensing to the soil until a specific moisture level is reached. This process will not restart until there is a drop in the moisture level of the soil. It is stated that the raising or lowering of the water-filled container respectively increases or reduces the flow rate.

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 this self-watering houseplant device 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.

Sincerely,

Robert B. Swierupski
Director,

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