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NY N025655




May 1, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.10.0000

Ms. Lis Figueras
Caribbean Retail Ventures, Inc.
Gautier Benitez #14
Caguas, P.R. 00725

RE: The tariff classification of Mi2 Wireless Video Game Console from China

Dear Ms. Figueras:

In your letter dated March 20, 2008, you requested a tariff classification ruling.

A sample of a Mi2 wireless video game console with accessories was received with your inquiry. Three wireless controllers, two of which have slots to attach a tennis racquet, ping pong racquet, baseball bat and golf club are included with the video game console. In addition, three video game cartridges, which contain seven, eight and 16 games, are also included. An audio/video cable, used to connect the Mi2 to a TV, and a power adaptor are supplied as well. In the instruction booklet, the Mi2 is referred to as the MiWi.  

Importations of this product may be subject to the provisions of Section 133 of the Customs Regulations if they copy or simulate a registered trademark, trade name or copyright recorded with U.S. Customs and Border Protection (CBP). CBP also maintains authority to prevent the importation of goods bearing "confusingly similar" marks which, although neither identical nor substantially indistinguishable from protected marks, are violative nonetheless. 15 U.S.C. § 1114. See also, 19 CFR § 133.22.

Since there is the possibility that the mark(s), name(s), image(s) or packaging of your article may be interpreted as substantially indistinguishable from, confusingly similar to or infringing of the marks of existing articles you should investigate whether these marks are registered with the Patent and Trademark Office or contact your local CBP office prior to importation.

The applicable subheading for the Mi2 Wireless Video Game Console will be 9504.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games: Video games of a kind used with a television receiver and parts and accessories thereof.” The rate of duty is 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 James Forkan at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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