The tariff classification of the Net Jet Master Pack Instant Online Game System and a Net Jet Key Booster from China.

NY M87573 November 3, 2006 CLA-2-84:RR:NC:1:120 M87573 CATEGORY: Classification TARIFF NO.: 8471.60.9090, 8473.30.5000 Ms. Connie L. Rose Hasbro, Inc. 200 Narragansett Park Drive P. O. Box 200 Pawtucket, RI 02862 RE: The tariff classification of the Net Jet Master Pack Instant Online Game System and a Net Jet Key Booster from China. Dear Ms. Rose: In your letter dated October 16, 2006, you requested a tariff classification ruling for products in your Tiger electronic game line. The Net Jet Master Pack Instant Online Game System (Item 52820) comprises a controller and a “demo” Net Jet Key Booster. The controller, which measures 5 ¾ inches by 3 inches, is connected to a cord, approximately 8 feet in length, that terminates in a universal serial bus (USB) connector. In order for the controller to function, the USB connector must be inserted in the USB port of a computer. The controller features an eight-point directional pad, a thumbstick, four action buttons labeled “1” through “4”, left and right trigger buttons, a “start” button, and a slot into which the Net Jet Key Booster is inserted. The controller also contains a window through which the user can see the game title of the particular Net Jet Key Booster being utilized. The “Kool Kart Racers” Net Jet Key Booster (Item 52816) is sold separately from the Net Jet Instant Online Game System. The key contains a code for this specific game, and must be inserted in the Net Jet controller in order for the user to access and play the game on an online server. The key is not a storage device and does not have writeable memory, and thus cannot accept any data from the PC or the controller. The key cannot be used in any way except in conjunction with the game controller. Once the controller is inserted into the USB port of a computer, it connects the user’s personal computer to an online server. The user inserts a Net Jet Key Booster into the controller. The coding on the key allows the user access to a specific game on the server. The controller is then used to play the game online. No software is downloaded to the user’s personal computer, and the user needs no input devices other than the controller to access the server and play the game. The Net Jet controller can connect to a central processing unit (CPU), and is able to accept or deliver data in a form which can be used by an automatic data processing (ADP) system. Therefore this item meets the definition of a unit of an ADP machine as defined in Chapter 84, Legal Note 5 (B)(b), (B)(c) and (D), Harmonized Tariff Schedule of the United States. The applicable subheading for the Net Jet Master Pack Instant Online Game System (Item 52820) will be 8471.60.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Input or output units, whether or not containing storage units in the same housing: Other: Other: Other: Other: Other: Other. The rate of duty will be free. When imported separately from the Net Jet Master Pack Instant Online Game System, the applicable subheading for the “Kool Karts Racers” Net Jet Key Booster (Item 52816) will be 8473.30.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472: Parts and accessories of the machines of heading 8471: Not incorporating a cathode ray tube: Other. The rate of duty will be free. Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification of your merchandise. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that the “Kool Karts Racers” Net Jet Key Booster will be classified in 8473.30.51 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only. 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 http://www.usitc.gov/tata/hts/. 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 Denise Faingar at 646-733-3010. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division