The tariff classification of an electronic game card from China

NY L83326 March 23, 2005 CLA-2-95:RR:NC:2:224 L83326 CATEGORY: Classification TARIFF NO.: 9504.90.4000 Mr. Carl R. Soller Cowan, Liebowitz & Latman, P.C. 1133 Avenue of the Americas New York, New York 10036-6799 RE: The tariff classification of an electronic game card from China Dear Mr. Soller: In your letter dated March 9, 2005, you requested a tariff classification ruling, on behalf of Electronic Game Card, your client. You are requesting the tariff classification on an item that is identified as an electronic game card. In the instant case, there are 2 different game cards as follows: the Shoot Out Game Card (no style number shown) and the Treasure Hunt Game Card (no style number shown). Each of the 2 interactive game products is the size of a credit card, 3mm thick, and each is composed of a computer chip, a power source, a LCD screen, and a printed circuit board. The Shoot Out Game is based on a soccer penalty shoot out, but the game may also have an ice hockey theme. The Treasure Hunt Game is based on a treasure hunt and the objective is to find treasures by guessing the window that the treasure will appear in. The submitted Electronic Game Cards meet the criteria for classification as a game in the tariff. Each game card involves a contest of chance between oneself and the game with winning as the objective. With reference to the herein described game cards, the contestant plays and wins after amassing either a winning team score (Shoot Out Game) or finding all the treasures (Treasure Hunt Game). The samples will be returned, as requested by your office. The applicable subheading for the Electronic Game Cards, Shoot Out Game and Treasure Hunt Game (no style numbers shown), will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: 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. 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 Tom McKenna at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division