The tariff classification of three children’s games from China

N311778 June 8, 2020 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9504.90.9080; 9903.88.15 Mr. Terry Choi Silver Timing Ltd. 33 Hoi Yuen Road Kwun Tong, Hong Kong N/A 852 China RE: The tariff classification of three children’s games from China Dear Mr. Choi: In your letter submitted May 13, 2020, you requested a tariff classification ruling. Photographs and descriptions of three children’s games were received with your inquiry. All three products are identified as item number 313713. The first item, referred to as “Don’t Let the Marbles Fall,” includes 20 plastic sticks, 20 marbles and one plastic rocket containing holes to insert the sticks, a plastic base and a plastic top. To set up the game, the rocket is placed into the base, the sticks are inserted randomly into the holes in the rocket, the marbles are then loaded into the top of the rocket so that they are resting on the sticks and the top of the rocket is snapped into place. Play begins with the youngest player pulling out any stick very carefully, making sure not to let any marbles fall. Each player takes a turn pulling a stick from the rocket until all the marbles have fallen. The player with the least amount of marbles is the winner. The next item, “Pop and Hop,” consists of 16 plastic balls; 4 green, 4 red, 4 yellow and 4 blue, a game board and an arrow spinner located in the center of the board. The game board contains a “Home” area for every color, each with circular spaces that can house the balls, a “Start” space and a total of 40 spaces around the board which each player must traverse with all their balls, in order to win the game. To start the game, one player spins the arrow. If he or she gets a ‘6’ they can remove a ball from their “Home” area and place it on “Start.” Each player takes a turn spinning the arrow and moving a ball the number of spaces indicated, until one player is able to circle the board with all four of his or her balls and place them into their own colored “home” area. The first player to do so, wins the game. The third item is called the “Don’t Let Them Pop” game. It consists of a plastic game board with a moveable bar, one die, one label sticker sheet containing pictures of the various discs and 22 different-sized colored plastic discs. To set up play, the stickers are peeled off the sheet and placed on the die. The bar on the game board is pushed to the other side, all the discs are placed on the board and the bar is gently released so that all the discs are touching against each other. To play the game, a player must spin the die and try to remove the disc that is indicated on the die, without any other disc popping out. If this happens, the player cannot keep the disc that he removed. There is a point value for each disc ranging from 1 point for the smallest to 3 points for the largest, and the winner of the game is the player that can keep the most points. The applicable subheading for the “Don’t Let the Marbles Fall,” the “Pop and Hop” and the “Don’t Let Them Drop” games will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Video game consoles and machines, articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: Other: Other: Other: Other. The rate of duty will be Free. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 9504.90.9080, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 9504.90.9080, HTSUS, listed above. The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively. 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 https://hts.usitc.gov/current. 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 Roseanne Murphy at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division