CLA-2-95:RR:NC:2:224 G89405
Frank Gomez
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045
RE: The tariff classification of a video game battery charger from China.
Dear Mr. Gomez:
In your letter dated March 28, 2001, you requested a ruling on tariff classification, on behalf of Electro Source, LLC, your client.
The merchandise is identified as a Charge ‘N Go recharging station, item #PL-8012, especially designed for use with a hand held video game, specifically a Game Boy Color or Game Boy Pocket. The product includes a specially designed adapter, PL-801, a charging unit, and rechargeable batteries that are built into the Charge ‘N Go. The product is designed to allow players to continue the game without worrying about drained batteries. The unit can charge batteries for the Game Boy and it can charge the Game Boy itself. The product is marketed exclusively as an accessory for the Game Boys.
Video game machines of the type with which the Charge ‘N Go is designed to be used are classified in heading 9504 of the Harmonized Tariff Schedule of the United States (HTSUSA). This heading includes, among other things, articles for arcade, table or parlor games, and parts and accessories for these games. With regard to the classification of parts and accessories, additional U.S. Rule of Interpretation 1C, HTSUS, states that “[I] n the absence of special language or context which otherwise requires***a provision for ‘parts’ or ‘parts and accessories’ shall not prevail over a specific provision for such part or accessory.”
In the instant case, the “special language or context” contemplated by the above rule exists. Note 3 to chapter 95, HTSUS, provides that “parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles.” Thus, subject to note 1 to chapter 95, HTSUS, (which is not at issue in this case), if an article in question is an accessory that is solely or principally used with an article of chapter 95 (specifically, the arcade, table or parlor games of heading 9504, HTSUS), it must be classified under that heading, regardless of whether it is covered by another provision elsewhere in the tariff schedule.
The video game with which the Charge ‘N Go is used is classifiable in heading 9504, HTSUS. The Charge ‘N Go, which is used solely with the hand held video game, charges the operating power of the actual game, allows the game to operate for longer periods of time and replaces the need for battery replacement. The device, although not necessary to enable the game to fulfill its intended function, does facilitate its use and improves its operation. Thus the Charge ‘N Go charging station is in fact a video game accessory and is classifiable as such.
The applicable subheading for the product called the Charge ‘N Go will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for accessories for game machines, other than coin- or token-operated. The general rate of duty will be free
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).
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 Tom McKenna at 212-637-7015.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division