CLA-2-68:S:N:N1:236 852666

A.J. Arango, Inc.
P.O. Box 3007
Tampa, Florida 33601

RE: The tariff classification of Hydroculture Hobby Kit from Switzerland

Dear Gentlemen:

In your letter dated May 15, 1990, on behalf of your client, Mrs. Gilda Suarez, you requested a tariff classification ruling.

The prospective import Hydroculture Hobby Kit is a kit used for growing plants without soil. It consists of:

1. A plastic or ceramic flow pot

2. A plastic inner pot (culture pot)

3. Expanded clay (1/4 inch diameter pellets)

4. Fertilizer

5. A water level indicator

There is no eo nomine provision for Hydroculture Hobby Kits. Under the General Rules of Interpretation (3(b) Customs must determine which component listed above conveys the essential character to the set. It is our opinion that the expanded clay pellets gives the set its character. The applicable subheading for the Hydroculture Hobby Kit will be 6806.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for exfoliated vermiculite, expanded clays, foamed slag and similar expanded mineral materials (including intermixtures thereof). The rate of duty will be 4.9 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director
New York Seaport