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NY 893806

January 28, 1994

CLA-2-95:S:N:N8:224 893806


TARIFF NO.: 9504.10.0030

Jack Kilmartin
Yamato Customs Brokers
353 Point San Bruno Ave.
South San Francisco, CA 94080

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of video game cartridges from Mexico.

Dear Mr. Kilmartin:

In your letter dated December 16, 1993, you requested a ruling, on behalf of Sega of America, on the status of assembled video cartridges from Mexico under the NAFTA.

You indicate that a typical game cartridge consists of the following parts:

1 ROM integrated circuit
1 printed circuit board, without fitted components 2 capacitors
2 plastic halves, top and bottom, of game cartridge 1 plastic cartridge case
1 paper label and instruction manual
2 metal screws and 2 tap screws
1 paper inlay, carton and poster

All the components are said to be made in the United States, except for the ROM, PC board, tap screws and some capacitors. These components will be manufactured in either Japan, Korea, Taiwan or Hong Kong.

The cartridges will be assembled in Mexico, inserted into their plastic cases, and packaged for export to the United States. Total cost for a finished cartridge amounts to approximately $16.46 per unit, which includes a $14.20 cost for the ROM integrated circuit and an estimated labor charge of $0.705 per unit. A finished "Barney the Dino" video game cartridge and case in condition ready for retail sale has been submitted for our examination.

The applicable tariff provision for the video game cartridges will be 9504.10.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles for arcade, table or parlor games...; parts and accessories thereof: video games of a kind used with a television receiver and parts and accessories thereof. The general rate of duty will be 3.9 percent ad valorem.

Based on the particular circumstances and information presented in your letter, each of the non-originating materials used to make the video game cartridge has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/95. Therefore, the subject video game cartridges will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.


Jean F. Maguire
Area Director

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