CLA-2-95:OT:RR:NC:N4:424
Mr. Frank Gomez
World Exchange, Inc.
8840 Bellanca Ave
Los Angeles, CA 90045
RE: The tariff classification of three video game components from China
Dear Mr. Gomez:
In your letter dated July 29, 2010 you requested a tariff classification ruling on behalf of HSB & Associates Inc.
Samples of three video game components were received with your inquiry. The first item, the Snakebyte Premium Fitness Board (White), item number SB90412, is designed to be used with the Nintendo Wii video game system and is compatible with Wii Fit and other similar games that utilize the board’s technology. The Premium Fitness Board acts as a game controller, similar in design and function to Nintendo’s Balance Board, and contains four sensors that measure one’s weight and body balance, necessary for proper playing of the video games, and then replicates the body movements in the game. The Fitness Board, which connects wirelessly to the Wii via Bluetooth technology, emits a blue light on two sides when activated and also has a small LCD screen which displays one’s weight as well as a timer that measures one’s exercise duration. While providing a display to show one’s weight may be informative, the item’s ability to measure one’s weight is essential for the proper game play. It is principally designed as a video game device.
The second item, the Snakebyte Premium Remote XL+, item number SB905278, is also designed for use with the Nintendo Wii. The item is packaged with a Wii compatible remote with motion plus technology, two wrist straps, two rechargeable batteries and a generic USB cable for charging the remote. The essential character of the set is imparted by the Wii remote.
The last item, the Snakebyte Premium Bluetooth Controller, item number SB904714, is designed for use with Sony’s PlayStation 3 (PS3) video game console. The item is packaged with a PS3 compatible remote, two bonus clip-on triggers and a generic USB cable for charging the remote. The essential character of the set is imparted by the PS3 remote.
Note 3, to chapter 95, states that "subject to note 1 above, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles." All three items meet this requirement as they can only be used in conjunction with the Nintendo Wii or PS3 video game systems and will be classified as such.
The applicable subheading for the Snakebyte Premium Fitness Board, Snakebyte Premium Remote XL+ and the Snakebyte Premium Bluetooth Controller 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
National Commodity Specialist Division