CLA-2-95 OT:RR:NC:N4:424
Ms. Dana Antoine
Carmichael International Service
533 Glendale Blvd.
Los Angeles, CA 90026
RE: The tariff classification of the “:05 Second Stadium” game from China
Dear Ms. Antoine:
In your letter received May 7, 2009, you requested a tariff classification ruling on behalf of Bandai America.
The merchandise is described as the “:05 Second Stadium” game. It is an electronic game device that is designed to resemble a stopwatch but can only measure up to 10 seconds of elapsed time. The player’s challenge is to stop the product at exactly 5 seconds. To start the game you press the button and the LCD screen goes blank. The player then counts 5 seconds and stops the watch. If the watch is stopped by the player when exactly 5 seconds has registered on the game watch, then that player wins. If the watch is stopped too soon or too late the player loses and the game emits various phrases and sound effects. In addition to the 5 second game play there are 3 additional modes of play. The item is constructed of plastic and will be imported along with the instructions in its retail package. The sample will be returned, as requested.
The applicable subheading for the “:05 Second Stadium” game will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games…: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; 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 James Forkan at 646-733-3025.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division