CLA-2-95:OT:RR:NC:N4:424

Ms. Cathy Lopez
C.H. Robinson International
2106 East State Highway 114
Southlake, TX 76092

RE: The tariff classification of a “Racing Simulator Game” from Australia

Dear Ms. Lopez:

In your letter submitted on January 20, 2022, you requested a tariff classification ruling on behalf of your client, Monster Energy Company.

A photograph and description of the “Racing Simulator Game,” SKU number MONCS198, were submitted with your request. The game will be imported complete which will include an HD TV, a racing cockpit with a racing harness, steering wheel, pedals (clutch/brake/accelerator), gear shifter, and a surge protector. Games are not included when imported but the machine is fully compatible with all racing accessories that are wheel supported. This simulator game is not operated by coins, paper money, debit cards, or tokens.

As per information provided with your request, this racing game will not be for retail sale to the public and only will be used for promotional purposes. The Racing Simulator Game is not an actual simulator for training purposes, it is a game designed to simulate the racing experience, akin to the racing games found in arcades.

The applicable subheading for the “Racing Simulator Game” will be 9504.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Video game consoles and machines, articles for arcade, table or parlor games…: Video game consoles and machines, other than those of subheading 9504.30, 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 https://hts.usitc.gov/current.

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, please contact National Import Specialist Roseanne Murphy at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division