CLA-2-95:RR:NC:2:224 M86614

Mr. Steven W. Baker
250 Bel Marin Keys Blvd.
Suite B-6
Novato, CA 94949-5707

RE: The tariff classification of a video game system and components from China

Dear Mr. Baker:

In your letter dated September 22, 2006, you requested a tariff classification ruling, on behalf of Nintendo of America, Inc., your client.

You are requesting the tariff classification on a Nintendo video game system known as “Wii”, designed for use with a television receiver. The “Wii” system incorporates the components of a traditional video game: a central processor, internal flash memory with 512 megabytes, and a graphics-processing unit. The unit will be capable of playing single or double layered 12 centimeter proprietary optical disks for “Wii”, as well as 8 centimeter disks for the Nintendo Game Cube. The unit may be connected to hand held controllers for input of commands and to a television for visual display. The “Wii” controller is a motion sensitive, wireless device. The remote includes an expansion port, a speaker, a rumble feature, and may also be used as a pointer. A remote accessory called a nunchuck provides an analog control stick, and C and Z buttons.

The unit includes 4 ports for classic Nintendo Game Cube controllers, 2 slots for Nintendo Game Cube memory cards, and an AV multi-output port for component, composite, or S-video. The “Wii” system will be imported as an integrated unit including the game console, proprietary media optical disks, and 2 or more hand-held controllers. In addition, the central unit, game disks, and controllers may be imported separately and may be packaged in the United States for subsequent sale, or sold as individual units.

The applicable subheading for the “Wii” Video Game System and Components, either imported separately or together, will be 9504.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for arcade, table or parlor games…parts and accessories thereof: video games of a kind used with a television receiver and parts and accessories thereof. 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division