Sep 05 1990
Ms. Dorothea Reimling-Richfield
New World Hydrokutur
P.O. Box 238
Pittsford, N.Y. 14534
RE: The tariff classification of Hydroculture Set from West
In your letter dated August 1, 1990 you requested a tariff
The prospective import, hydroculture sets consists of the
1. Lecaton pebbles--(L-E-C-A "Light Expanded Clay
Aggregate") are clay pebbles. This is special clay which has the
capacity or ability to expand when heated at 1200 degrees Celsius
(2192 degrees F).
2. Pergulator--This indicator is made of plastic and has
the task to control the water level in the planter pot.
3. Culture Pot--Culture pots are specially designed plastic
containers which hold the plant, clay pebbles, and water level
indicator. They are designed with slots in the side and bottom
to allow aeration of the roots as well as allow the roots to grow
out of the culture pot. A depression in the bottom of the pot
serves to hold a nutrient battery (fertilizer).
4. Plant container--The plant container is the outer
plastic pot which will hold the culture pot.
You indicate in your letter that the above items will be
imported in sets and in bulk quantities.
There is no eo nominee provision for this Hydroculture Set.
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 Set (put up
for retail sale) 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. The rate of duty will be 4.9 percent ad
When the components of the hydroculture set are imported in
bulk (not put up for retail sale) they are classified as follows:
Item Classification Duty
Lecaton pebbles (expanded clay) 6806.20.0000 4.9% ad valorem
Pergulator 9026.10.6000 4.7% ad valorem
Culture pots & plant containers 3924.90.5000 3.4% ad valorem
The pergulator, culture pots, and plant containers when imported
in bulk may be entered free of duty under HTS 9817.00.5000 which
provides for machinery, equipment, and implements to be used for
agricultural or horticultural purposes. The importer must meet the
requirements of Customs Regulations 10.131-10.139 (providing actual use
certification) to benefit from the free provision of HTS 9817.00.5000.
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
New York Seaport