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NY R01828




May 9, 2005

CLA-2-84:RR:NC:N1:106 R01828

CATEGORY: CLASSIFICATION

TARIFF NO.: 8424.81.9090; 8424.90.9080; 9817.00.5000

Ms. Claire Updike
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Building M2, Suite 110
Romulus, MI 48174

RE: The tariff classification of a hydroponic garden system and its subcomponents from China

Dear Ms. Updike:

In your letter dated April 20, 2005, as a follow-up to your request March 8, 2005, you requested a tariff classification ruling. You submitted illustrative drawings with your request.

The merchandise at issue consists of a complete hydroponic gardening system as well as various subcomponents of the system when separately imported.

The Hydroponic Garden System allows gardeners and hobbyists to grow a variety of plants indoors throughout the year. The system requires no soil and employs a centrifugal force irrigation system to disperse a nutrient solution. The irrigation system utilizes a submersible pump to irrigate and feed the root systems of the plants. The roots are suspended in a humidity chamber that is oxygen enriched. A timer unit employs a microprocessor that enables the Hydroponic Garden System to be self-watering and self-feeding.

Other components of the system, which maybe be separately imported, include:

The Grow Basket Assembly, which is a plastic basket that supports the plants;

The Grow Dome, which is a clear plastic lid that covers the plants; and

The Smart Garden Controller, which is a controller, timer and display system. It is designed to turn on/off/control the grow lights, pumps, and “add-nutrient “ light and to provide power to the lamps and pumps. It, therefore, has two main functions: electric control and power supply. The timer/controller has no synchronous motor and no watch or clock movement. You suggest that the timer may be classified in heading 8536, Harmonized Tariff Schedule of the United States (HTS). We do not agree. The electric control function is described in heading 8537 and the power supply function is described in heading 8504. Since neither heading would include apparatus having these dual functions, the timer is, in this case, most specifically provided for as a part of the whole good and will be classified as a part of the complete system.

The applicable subheading for the complete Hydroponic Garden System will be 8424.81.9090, HTS, which provides for other agricultural or horticultural appliances for projecting, dispersing or spraying liquids. The rate of duty will be 2.4 percent ad valorem.

The applicable subheading for the Grow Basket, Grow Dome and Smart Garden Controller, when imported separately, will be 8424.90.9080, HTS, which provides for other parts of mechanical appliances for projecting, dispersing or spraying liquids or powders. The rate of duty will be Free.

Subheading 9817.00.5000, HTS, is the provision covering machinery, equipment, or implements to be used in agricultural or horticultural pursuits. This is an actual use provision subject to the certification process found in Sections 10.131 – 10.139 of the Customs Regulations. The use of these Hydroponic Garden System is an agricultural/horticultural pursuit. In this instance, classification in the alternative, subject to certification, will be subheading 9817.00.5000, HTS. 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 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 Patrick Wholey at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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