CLA-2-95:OT:RR:NC:N4:424
Ms. Lynn Chan
WTS Customs Brokerage Co., Inc.
8901 S. La Cienega Blvd.
Suite 110
Inglewood, CA 90301-4401
RE: The tariff classification of a Xbox compatible video game controller from China
Dear Ms. Chan:
In your letter dated October 12, 2010 you requested a tariff classification ruling on behalf of Sonic Games, Inc.
A sample of a video game controller was received with your inquiry. The item called the “Xbox Controller S” is designed to be compatible with the Xbox video game system. The controller, which measures approximately 6” long x 5” wide, incorporates the following features: 2 analog thumbsticks, 6 analog action buttons, 1 eight-way directional pad, 2 analog triggers, 2 vibration feedback motors, 2 menu navigation buttons, 2 expansion slots for peripherals and 9.8’ of cable with inline release.
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." The video game controller meets this requirement as it can only be used in conjunction with a Xbox video game system and will be classified as such.
The applicable subheading for the “Xbox Controller S” 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/.
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. If you are an authorized importer of the product we recommend notifying your local CBP office prior to importation.
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