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NY R02455

September 8, 2005

CLA-2-91:RR:NC:MM:114 R02455


TARIFF NO.: 9106.90.75

Mr. Marc Nobrega
Gameline, Inc.
3182 Campus Drive #166
San Mateo. CA 94403

RE: The tariff classification of the Poker Genie from South Korea

Dear Mr. Nobrega:

In your letter received on August 22, 2005 you requested a tariff classification ruling.

The Poker Genie is described as a poker tournament manager. It is used to setup and manage home poker tournaments by calculating the ideal monetary denominations of poker chips, the amount of antes and opening bets (blinds), and the amount of time allowed for a card game. The calculations are based on the number of persons in the game, the number of poker chips available and the desired monetary amounts to be wagered.

The Poker Genie is composed of printed circuit board, LCD displays, an audio alert, CPU and other components enclosed in a plastic housing. It is powered by a power supply with power cord.

You state that you were advised by a Customs office that subheading 8531.20.0040 or subheading 8531.80.00, HTS, would apply to the Poker Genie. Heading 8531.20.0040, HTS, provides for indicator panels incorporating liquid crystal devices (LCD’s) or light emitting diodes (LED’s), other. Subheading 8531.80.00, HTS, provides for other electric sound or visual signaling apparatus.

The Poker Genie has a calculating function and a timer function, in addition to its visual indication and sound signaling functions. Both the calculating function and the timer function are necessary in order for the device to operate as intended.

The Poker Genie is a composite good for tariff classification purposes. By application of General Rule of Interpretation 3 (c), the last heading in the Harmonized Tariff Schedule (HTS) that merits consideration is the proper classification for this good. The calculating function is provided for under heading 8470, HTS; the sound or visual signaling function is provided for under heading 8531, HTS; and the timer function is provided for under heading 9106, HTS. Classification of the Poker Genie will be under heading 9106, HTS, since it is the last heading in the tariff meriting consideration for this good.

The applicable subheading for the Poker Genie will be 9106.90.75, Harmonized Tariff Schedule of the United States (HTS), which provides for apparatus for measuring, recording or otherwise indicating intervals of time, with clock or watch movements, AC powered and with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem.

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 Barbara Kiefer at 646-733-3019.


Robert B. Swierupski

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