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NY G85149





December 19, 2000

CLA-2-95:RR:NC:2:224 G85149

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, N. Y. 10036-8901

RE: The tariff classification of a “Game Clip Watch” from China.

Dear Ms. Wierbicki:

In your letter dated December 5, 2000, you requested a tariff classification ruling, on behalf of Avon Products, Inc., your client.

You are requesting the tariff classification on an item that is identified as a “Game Clip Watch”, item number PP 216778. The merchandise is a hand held, battery-operated, liquid crystal display (LCD) computer game that incorporates a timekeeping mechanism. The product will be available in three game formats: Car Racing, Roller-Blading and Snowboarding. The object of each game is for the player’s character to weave in and out of the obstacles that appear along the particular path as quickly as possible and without incurring or inflicting injury. The timekeeping device is incidental to the product; the product will be sold and marketed as a game machine. The item will be classified in Chapter 95 of the HTS as a game machine. Illustrations have been submitted in lieu of samples.

The applicable subheading for the “Game Clip Watch” in the three versions: Car Racing, Roller-Blading and Snowboarding will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Game machines, other than coin- or token-operated; parts and accessories thereof.” The rate of duty will be free.

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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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