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NY N017018




October 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8531.80.0050

Rosmarie Levy, Trade Commissioner
Swiss business hub
456 Montgomery Street, Suite 1500
San Francisco, CA 94104

RE: The tariff classification of Moistick from Switzerland

Dear Ms. Levy:

In your letter dated September 13, 2007 you requested a tariff classification ruling. The samples which you submitted are being returned as requested.

The item concerned is the Moistick. The Moistick is a device used to monitor the moisture level of house plants. It consists of a plastic outer housing in the shape of a planting stake. The overall length of this device is approximately 6 inches. The top half measures approximately 1 ½ inches wide by 1 ½ inches deep by 3 inches high. The bottom half of this device, which forms the stake portion of this item, measures approximately 3 inches in length. The top half internally houses a small circuit board, LED light and a three position moisture level switch. The item operates on two AAA batteries.

The purpose of the item is to monitor the level of moisture in soil, mineral substrates or expanded clay. In use, the bottom half of this device would be embedded in the planting medium of a house plant. One of the three moisture levels would be chosen (depending on the plants moisture requirements) using the selector switch. When the moisture level of the planting medium falls below the level selected, the warning light incorporated within the top half of this device would begin to flash. This signal draws the user’s attention to the plant’s need for water. This item can be used for indoor or outdoor plants.

The applicable subheading for the Moistick will be 8531.80.0050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical sound or visual signaling apparatus: Other apparatus: Other”. 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 Steve Pollichino at 646-733-3008.

Sincerely,

Robert B. Swierupski
Director,

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