The classification of a “mixed reality” board game from China

N327124 July 27, 2022 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9504.90.6000 Mr. Robert Boswell DSV Air & Sea Inc 1500 NE Irving Street Portland, Oregon 97232 RE: The classification of a “mixed reality” board game from China Dear Mr. Boswell: In your letter submitted on July 15, 2022, you requested a tariff classification ruling on behalf of your client Paseo Packaging LLC. Photographs, descriptions, and an online video link of the game were submitted with your inquiry. The article under consideration is identified as The Arkham Asylum Files: Panic in Gotham City game. The product is a board game that combines traditional game board attributes with augmented reality (AR) features which are displayed by an app on a smart device, having been previously downloaded by the players. The app is designed specifically to interact with the game as to reveal hidden messages and clues while solving mysteries and completing tasks. The players/teams are represented by Batman and Harley Quinn interacting with the Arkham Asylum’s most infamous patients and other villains while exploring the world of Batman in the streets of Gotham City. Gotham City springs to life through a mobile phone or tablet with the AR feature. To play the game, players work together as a team to solve diabolical challenges, games and puzzles unleashed by the Joker and other villains. The game consists of a 20” by 20” game board, 13 envelopes containing challenges, games pieces, cards, a black light and puzzles. This game offers a “mixed reality” experience, in that some challenges can be performed without AR, while others need AR for play activation. The box contents are the foundation of the game, and the app is the activator. The team that solves all the riddles, mystery challenges and puzzles first, wins the game. You have suggested that The Arkham Asylum Files: Panic in Gotham City game should be classified under subheading 9504.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for, in pertinent part, other games played on boards of a special design, and we agree. The applicable subheading for the Arkham Asylum Files: Panic in Gotham City board game will be 9504.90.6000, HTSUS, which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games…parts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards); mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice. 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 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