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NY K80175

October 30, 2003

CLA-2-95:RR:NC:2:224 K80175


TARIFF NO.: 9504.10.0000

Mr. Thomas W. Phalen
345 Encinal Street
P.O. Box 635
Santa Cruz, CA 95060

RE: The tariff classification of the XR1-XBX headset from China

Dear Phalen:

In your letter dated October 15, 2003, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as a XR1-XBX headset, Microsoft part # H00857. The product is a product that is made exclusively for use in Microsoft’s Xbox. It will be sold to Microsoft separately for packaging with the Xbox, and it is sold as one unit. The article is wired to work only with the Xbox, and will not work with any other type device. The correct classification will be in Chapter 95 of the HTS, as an accessory for a video game that is used with a television receiver. You have submitted illustrations, diagrams, and specifications, in lieu of a sample.

The applicable subheading for the XR1-XBX headset (Microsoft part number H00857) will be 9504.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for video games of a kind used with a television receiver and 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.


Robert B. Swierupski

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