CLA-2-85:OT:RR:NC:N1:113

Ms. Maureen Oliphant
Yusen Logistics (Americas) Inc.
19001 Harborgate Way
Torrance, CA 90501

RE: The tariff classification of a Freshlife Automatic Sprouter made in Korea and China

Dear Ms. Oliphant:

In your letter dated March 8, 2012, on behalf of Tribest Corporation, you requested a tariff classification ruling. Descriptive literature and a specification sheet for the subject article were submitted for our review.

The article under consideration is identified as the Freshlife Automatic Sprouter. The subject article is a small kitchen appliance that has a self-contained electric motor. The literature indicates that the Freshlife Automatic Sprouter provides a controlled environment to grow fresh wheatgrass, micro-greens and sprouts without soil or plumbing. The article under consideration features a sprout barrel, a water barrel, a top lid, upper and lower seed trays, a water pressure control tube and a sprinkler that sprinkles water and supplies air. The sprinkler system detects environmental conditions within the unit and waters the sprouts automatically.

The applicable subheading for the Freshlife Automatic Sprouter will be 8509.80.5095, Harmonized Tariff Schedule of the United States (HTSUS), which provides for electromechanical domestic appliances, with self-contained electric motor, other than vacuum cleaners of heading 8508; parts thereof: other appliances: other: other. The rate of duty will be 4.2 percent ad valorem.

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 Ann Taub at 646-733-3018.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division