The tariff classification of a Voyager Adventure System and a Voyager Adventure Pack from China.

NY I86045 September 12, 2002 CLA-2-95:RR:NC:SP:225 I86045 CATEGORY: Classification TARIFF NO.: 9503.80.0000 Ms. Marianne Rowden KMZ Rosenman 525 West Monroe Street Suite 1600 Chicago, IL 60661-3693 RE: The tariff classification of a Voyager Adventure System and a Voyager Adventure Pack from China. Dear Ms. Rowden: In your letter dated August 30, 2002, on behalf of your client, VTech Electronics – North America L.L.C. (“VTech”), you requested a tariff classification ruling. The submitted sample, Voyager Adventure System, is a two-dimensional toy tablet, measuring 1-3/4 inches in height (when flat) x 13 inches in width x 11-1/2 inches in length, with a Qwerty style keyboard, liquid crystal touch-sensitive screen, and stylus. In addition to “On” and “Off” buttons, this product includes a volume control dial and has various function keys (help, repeat, erase, music, on/off, directional arrows, etc.). The product is designed to allow children aged five to seven years of age to interact with the scrolling adventure story in the cartridge. The story unfolds on a plastic screen with the mechanism to activate the “talking story” located underneath the touch screen. The touch screen is activated when the child uses the attached stylus to touch an object, select an activity, or make choices regarding the course of the storyline. Unlike other keyboard-like items, the stylus offers extensive interplay fun between the child and the screen. The child will have fun just getting a response from the screen even if no actual learning takes place. In addition to the interactive story, this product includes various basic activities (counting, identification, reading, logic, memory, etc.) related to the storyline. This product has a memory which tracks the child’s progress, offers feedback, and saves the choices made by the child after each use. The product requires four “C” batteries that are not included. The product may or may not be imported with a Voyager Adventure Pack, which is a cartridge with a touch-sensitive screen that provides a new storyline to be used with the Voyager Adventure Station. The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1 of the HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. . . ." Chapter 95 note 3 states that "Subject to note 1, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles". Since the Voyager Adventure Pack is exclusively used with the Voyage Adventure Station by providing the memory cartridge and touch screen that enables the product to function, the Voyager Adventure Pack (if imported separately) will be classified under the same tariff number as the Voyager Adventure Station. The applicable subheading for the Voyager Adventure System and the Voyager Adventure Pack will be 9503.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other toys and models, incorporating a motor, and parts and accessories thereof.” The 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. 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 Alice Wong at 646-733-3026. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division