CBP Ruling N038619 — The tariff classification of the Plant Pal from China

Tariff classification

Headings: 8531

Product description

The item concerned is the Plant Pal (Item# 480373). The Plant Pal is a moisture meter for plants. It is used to monitor the soil moisture level of a potted plant and will emit an audible signal when the plant needs watering. It consists of a plastic outer housing in the shape of a bird. Two probes extend down from the housing. The bird housing measures approximately 2 inches in height by 3 ½ inches in length. The probes measure approximately 5 inches in length. Located inside the plastic bird housing is an electronic circuit board and a small speaker. The unit also incorporates an automatic light sensor which keeps the Plant Pal from “singing” at night. The item includes 2 AG10 replaceable batteries. In use, the probes of the Plant Pal would be inserted into the soil of a potted plant. Whenever the moisture level of the soil drops below a certain point, and the plant needs to be watered, the Plant Pal will start to make bird chirping sounds (singing). The light sensor ensures that the Plant Pal will not sing at night. This item can be used for indoor and outdoor plants.

CBP rationale

The applicable subheading for the Plant Pal (Item #480373) will be 8531.80.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus…: Other apparatus: Other sound signaling apparatus.

Full text

N038619 October 3, 2008 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8531.80.0040 Ms. Cheryl L. Martin Customs Compliance Assistant Manager CVS/Pharmacy One CVS Drive Woonsocket, RI 02895 RE: The tariff classification of the Plant Pal from China Dear Ms. Martin: In your letter dated September 12, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested. The item concerned is the Plant Pal (Item# 480373). The Plant Pal is a moisture meter for plants. It is used to monitor the soil moisture level of a potted plant and will emit an audible signal when the plant needs watering. It consists of a plastic outer housing in the shape of a bird. Two probes extend down from the housing. The bird housing measures approximately 2 inches in height by 3 ½ inches in length. The probes measure approximately 5 inches in length. Located inside the plastic bird housing is an electronic circuit board and a small speaker. The unit also incorporates an automatic light sensor which keeps the Plant Pal from “singing” at night. The item includes 2 AG10 replaceable batteries. In use, the probes of the Plant Pal would be inserted into the soil of a potted plant. Whenever the moisture level of the soil drops below a certain point, and the plant needs to be watered, the Plant Pal will start to make bird chirping sounds (singing). The light sensor ensures that the Plant Pal will not sing at night. This item can be used for indoor and outdoor plants. The applicable subheading for the Plant Pal (Item #480373) will be 8531.80.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electric sound or visual signaling apparatus…: Other apparatus: Other sound signaling apparatus.” 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 National Commodity Specialist Division

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