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NY I89643




January 6, 2003

CLA-2-95:RR:NC:2:224 I89643

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Mr. Michael K. Tomenga
Neville Peterson LLP
1900 M Street, N.W.
Suite 850
Washington, D.C. 20036

RE: The tariff classification of 2 Hand-Held Electronic Games from China.

Dear Mr. Tomenga:

In your letter dated December 23, 2002, you requested a tariff classification ruling, on behalf of Creata Promotions USA, Inc., your client

You are requesting the tariff classification on two hand-held electronic games that are described as follows: an Electronic Soccer Game (U.S. Wrin 08252-006) and an Electronic Sky Defense Game (U.S.Wrin 08252-015). The first game, the soccer game, is housed in a red and green plastic case that measures about 3 x 1½ inches. The red portion of the case contains a rectangular LCD display with a soccer field backdrop and two orange keys in the shape of soccer balls. Pressing either of the two orange keys activates the game. An on-off switch is located on the green portion of the case. The second game, the sky defense game, is contained in an orange and dark blue plastic casing that measures approximately 3 x 2 ½ inches. A rectangular LCD display with a clouded sky background and two round red keys is set in the orange portion of the casing to the right of the display. The orange portion of the case is molded to resemble an orange fox-like creature with white accents and blue eyes. The on-off switch is located on the blue portion of the casing. Pressing on either of the two red keys activates the game. The samples will be returned, as requested by your office.

The two subject hand-held electronic games (soccer and sky defense) will be classified in Chapter 95 of the HTSUSA, as other game machines.

The applicable subheading for the 2 Hand-Held Electronic Games: Soccer Game and Sky Defense Game, will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for arcade, table or parlor gamesparts and accessories thereof: other: game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; 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 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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