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

Mr. Jay Fox
Logistics Manager
Bensussen Deutsch & Associates
15525 Woodinville Redmond RD NE
Woodinville, WA 98072

RE: The tariff classification of Nintendo DS Stylus from China

Dear Mr. Fox:

In your letter dated August 7, 2008, you requested a tariff classification ruling.

The product is described as the Nintendo DS Stylus and will be imported under the SKU number 061045-80. The stylus will be imported in various assorted colors under the same SKU. The Stylus measures approximately 3” in length and is constructed of durable plastic. The Stylus is designed to be used solely or principally with the Nintendo DS portable game system as it is specifically sized to fit securely into the DS stylus slot holder. The Nintendo DS screen is touch-sensitive and works with a stylus to access items, navigate menus, move characters and otherwise control the action in some games. The sample will be returned as requested.

The applicable subheading for the Nintendo DS Stylus 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