CLA-2-95:OT:RR:NC:N4:424
Ms. Cathy Yu
Jakks Pacific
21749 Baker Pkwy.
Walnut, CA 91789
RE: The tariff classification of the battery-operated “Arcade Alley Tabletop Pinball” machine from China
Dear Ms. Yu:
In your letter submitted on February 29, 2024, you requested a tariff classification ruling.
Photographs and a description of the “Arcade Alley Tabletop Pinball,” item number 656594, were submitted with your inquiry.
The “Arcade Alley Tabletop Pinball” game is a single player, small-scale, pinball machine that operates with 2 x 1.5V AA batteries and measures 14.5” x 10” x 3”. The game’s motif is that of spaceships shooting aliens in outer space. It functions with 5 metal balls that are spring-shot by the manual launcher propelling them to hit the interior bumpers which set off the electronic lights and sounds. The game has dual working flippers, 5 light-up spring action bumpers, 2 plain black bumpers, an automatic LCD screen scoreboard, and a push button on off switch. The backbox clips into the cabinet along with 2 clip-on feet tilting the game towards the player.
You suggest classification of “Arcade Alley Tabletop Pinball” as a toy under 9503.00.0073, Harmonized Tariff Schedule of the United States (HTSUS). We disagree. We find that the merchandise at issue is of the same class or kind of merchandise properly classified as games under subheading 9504.
The applicable subheading for the “Arcade Alley Tabletop Pinball,” item number 656594, will be 9504.90.4000, 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.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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