The tariff classification of a video game battery charger from China.

NY G89470 April 18, 2001 CLA-2-95:RR:NC:2:224 G89470 CATEGORY: Classification TARIFF NO.: 9504.90.4000 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 5, 2001, you requested a tariff classification ruling. The merchandise is identified as a Charge ‘N Go recharging station, item #PL-8012, specially designed for use with a hand held video game. The article includes a specially designed adapter PL-801, a charging unit, and two AA rechargeable batteries that are placed in the video game. The Charge ‘N Go unit recharges the game for up to 10 hours of use. A sample of the charging station will be returned at your request. 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 (HTSUS). 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 instance), 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 are 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 solely used with the hand held video game, charges the operating power of the 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 a video game accessory and is classifiable with the game it is used with. The applicable subheading for the Charge ‘N Go charging station will be 9504.90.4000, HTSUS, which provides for accessories for game machines, other than coin- or token-operated. The corresponding rate of duty for articles of this subheading is free. This ruling is being issued under the provisions of Section 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 Tom McKenna at 212.637.7015. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division