The tariff classification of an Eight Games Rescue Assortment from China

N010322 May 11, 2007 CLA-2-95:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 4202.92.3020; 9504.40.0000; 9504.90.6000 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of an Eight Games Rescue Assortment from China Dear Ms. Aldinger: In your letter dated April 19, 2007, you requested a classification ruling. You are requesting the tariff classification on a product that has been identified as an 8 Games Rescue Assortment, a take along backpack of games for children. The item will be manufactured in three styles: Diego, Dora, and Elmo. The Diego assortment includes: checkers, bingo, tic-tac-toe, and dominoes, and the card games: go fish, rummy, match game, and crazy eights. The Dora style includes: checkers, bingo, tic-tac-toe, dominoes, and go fish, old maid, crazy eights and match game card games. The Elmo assortment consists of: bingo, checkers, tic-tac-toe, dominoes, and the card games: memory match, snap, go fish, and crazy eights. The child’s novelty backpack is constructed with an outer surface of man-made textile material. It features two shoulder straps, a top opening secured with a hook-and-loop fastener, a front pocket and a clear polyvinyl chloride (PVC) window on the back. It is designed to provide protection, portability, storage, and organization to personal effects during travel. The sample will be returned, as requested by your office. The backpack and its contents will be separately classified for tariff purposes. The applicable subheading for the playing cards in each assortment will be 9504.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for arcade, table or parlor games…parts and accessories thereof…playing cards. The duty rate will be free. The applicable subheading for the board games and dominoes in each assortment will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles for arcade, table or parlor games…parts and accessories thereof…other: chess, checkers, parchisi…and other games played on boards of a special design…mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games…poker chips and dice. The rate of duty will be free. The applicable subheading for the backpack in each assortment will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport, and similar bags, with outer of textile material, of man-made fibers, backpacks. The rate of duty will be 17.6%. 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/. The backpack falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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