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NY M81531




April 19, 2006

CLA-2-85:RR:NC:N1:112 M81531

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0040

Greg Endom
MASHITA ELECTRONICS
P.O. Box 1652
Martinez, CA 94553-0652

RE: The tariff classification of an electrical conductivity monitor from China

Dear Mr. Endom,

In your letter dated March 17, 2006, you requested a tariff classification ruling.

The item concerned is the Plant Humidity Detector. It is a battery-operated, frog-shaped, piece of hard plastic with two metal prongs extending from the bottom. The Detector measures approximately 4” in height (including prongs) X 1 ¾” in width.

The purpose of the item, when embedded in the soil of a potted plant, is to monitor the electrical conductivity of the soil to determine if there is enough moisture to support the life of the plant. When the electrical conductivity falls below a pre-determined level, the Detector will emit a “chirping” sound to notify the plant owner that water should be added to the soil.

The applicable classification subheading for the Plant Humidity Detector (PG01) will be 8531.80.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound signaling apparatus : Other apparatus: Other sound signaling apparatus”. The rate of duty will be 1.3%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Richard Laman at 646-733-3017.

Sincerely,

Robert B. Swierupski
Director,

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