CLA-2-84:OT:RR:NC:N1:106

Fung Yang, President
OCR, Inc.
PO Box 600
Kailua, HI 96734

RE: The tariff classification of mushroom growing system from the Netherlands

Dear Mr. Yang:

In your letter dated June 17, 2010 you requested a tariff classification ruling.

The items under consideration have been identified as being used inside a grow room for the purpose of mushroom production. You state in your ruling request that several pieces are required to construct the grow room, but that they will all be imported together, in a single shipment, with no extra components.

The components being imported include:

A process computer used to control fermentation, blow levels, heating, pasteurization, conditioning, which includes the cool-down for spawning. Five (5) temperature sensors, which are used to monitor temperatures in five different areas of compost. Two (2) control panels Four (4) auxiliary 24V A/C relays Mushroom Master computer software A controller modem Two (2) fans with an air volume of about 300m3/hour with a total pressure of 2588 Pa.

The applicable subheading for the mushroom growing system will be 8436.80.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, including germination plant fitted with mechanical or thermal equipment; poultry incubators and brooders; parts thereof: Other machinery: Other: Other: Other. The rate of duty will be Free.

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 Mark Palasek at (646) 733-3013.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division