The tariff classification of an investigation viewer from China

N024090 March 20, 2008 CLA-2-95:OT:RR:NC:2:224 CATEGORY: Classification TARIFF NO.: 9504.90.9080 Ms. Connie Rose Hasbro, Inc. 200 Narragansett Park Drive P.O. Box 200 Pawtucket, RI 02862 RE: The tariff classification of an investigation viewer from China Dear Ms. Rose: In your letter dated February 27, 2008, you requested a tariff classification ruling. A sample of a component for the CSI: Crime Scene Investigation DVD Game, called an investigation viewer, was received with your inquiry. The investigation viewer is a 3 ½ inch black hand-held device that emits a blue light and is used to find clues on various data file cards. Shining the blue light on these data file cards reveals clues which must match the clue on the TV screen. Players can only see the clues using this device. The investigation viewer is marked “Made in China.” The product will be classified as a part of a game in Chapter 95 of the HTSUS, as the investigation viewer is an integral component of the game and without it one would not be able to play the game. The sample will be returned, as requested. The applicable subheading for the investigation viewer will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Articles for arcade, table or parlor games…parts and accessories thereof: Other: Other…Other.” The rate of duty will be free. 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/. While this ruling pertains only to the investigation viewer, your ruling request states that the other components of the CSI: DVD Game include a DVD, 14 data file cards, a red evidence revealer and a note pad, which are all made in the United States. We note that the finished game box is labeled "Made in U.S.A." even though the investigation viewer is made in China. If a good is determined to be an article of U.S. origin, it is not subject to the country of origin marking requirements of 19 U.S.C. §1304. Whether an article may be marked with the phrase "Made in the USA" or similar words denoting U.S. origin, is an issue under the authority of the Federal Trade Commission (FTC). We suggest that you contact the FTC Division of Enforcement, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 on the propriety of proposed markings indicating that an article is made in the U.S. 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 James Forkan at 646-733-3025. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division