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NY L89779

January 26, 2006

CLA-2-95:RR:NC:2:224 L89779


TARIFF NO.: 9504.90.9080

Mr. Kenneth R. Paley
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

RE: The tariff classification of a Speed Stacks Game from China

Dear Mr. Paley:

In your letter dated January 11, 2006, you requested a tariff classification ruling, on behalf of Play Along, Inc., your client.

You are requesting the tariff classification on a product that is described as a Speed Stacks Game. No item number has been designated for the product, at this time. It is a game that may be played by children or adults which consists of the following components: 12 plastic cups, a mat on which to play the game that is called a “StackMat”, an electronic timer, a carrying bag, a printed set of instructions, and an instructional DVD. The objective of the Speed Stacks game is to stack the cups in specific configurations and sequences in the shortest time. The game may be played by one individual, playing against the clock, or in competition with opponents in singles, doubles, or in teams.

It is the opinion of this office that Speed Stacks would meet the definition of a game: it is a contest for recreation or amusement, between one player and the game itself or between two or more players, involving skill, endurance, chance or any combination of these elements, played according to specific rules, with a system of scoring. The proper classification will be in Chapter 95 of the HTSUS as other table or parlor games including their parts and accessories. The samples will be returned, as requested by your office.

The applicable subheading for the Speed Stacks Game, no item number indicated, will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for arcade, table or parlor gamesparts and accessories thereof: other: otherother. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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