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NY N016501




September 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8543.30.0000

Sherry Thompson
Harry F Long, Inc - Atty-in-fact for OPS America Inc 2900 Lone Oak Parkway
Suite 125
Eagan, MN 55121

RE: The tariff classification of the “ENKI Watering Pitcher” from Hong Kong

Dear Ms. Thompson:

In your letter dated August 23, 2007, on behalf of OPS America Inc., you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The item concerned is the “ENKI Watering Pitcher”. It is a one gallon super oxygenating watering pitcher. It uses patented electrolysis technology to increase the dissolved oxygen content in water, by as much as five times. The pitcher is made from blow molded K/Resin. The bottom of the watering pitcher incorporates a printed circuit board connected to a titanium wire mesh. When activated, the titanium mesh screen oxygenates the water within the pitcher.

The purpose of this product is to increase plant health and well being by using highly oxygenated water. In use, you fill the pitcher with tap water and plug in the 12V DC adapter. The mesh screen, located in the bottom of the pitcher, will begin to produce oxygen bubbles using it’s patented electrolysis technology. After a few minutes you would use the oxygenated water to water your plants. The submitted literature states that the “ENKI Watering Pitcher” can increase the amount of dissolved oxygen in tap water from as low as 30% to as high as 150%.

The applicable subheading for the “ENKI Watering Pitcher” will be 8543.30.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus: Machines and apparatus for electroplating, electrolysis or electrophoresis”. The rate of duty will be 2.6%.

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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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