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NY 808223




March 28, 1995

CLA-2-95:S:N:N8:224 808223

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Peter Jay Baskin
Sharretts, Paley, Carter & Blauvelt, P.C. 67 Broad Street
New York, NY 10004

RE: The tariff classification of the "Hoop Commander" from China.

Dear Mr. Baskin:

In your letter dated March 17, 1995, you requested a tariff classification ruling on behalf of A & A International.

The "Hoop Commander," Mfr. Model: JD8000, Cat. No. 65-838, is a hand-held electronic device housed in a hinged, folding case which measures approximately 3-3/4 inches by 5-3/4 inches by 1/2 inch when closed. It includes a 4-line, 16-character-per-line display, keyboard, several special function keys, and a 4K memory capacity. The device operates on two AAA-size batteries with one lithium battery as a backup.

The device features a built-in basketball game. To play, one presses keys on the keyboard in response to text and/or graphical information shown on the display. The game may be played against the "computer" or, via an infrared beam, against another player who has a separate "Hoop Commander." The skill level of the computerized players that participate in the basketball game varies according to the facial features assigned to each player. The user can input name, team, position, birthday, and facial portrait data to create new computerized players.

The "Hoop Commander" can also perform several electronic diary functions. Those functions include a schedule keeper, a telephone directory, a memo pad, calendar display, calculator, and a clock with world time function and alarm.

The General Rules of Interpretation (GRIs) to the Harmonized Tariff Schedule of the United States (HTSUS) govern the classification of goods in the tariff schedule. GRI 1 states, in pertinent part:

...classification shall be determined according to the terms of the headings and any relative section or chapter notes...

The "Hoop Commander" is a game machine and an electronic diary. Therefore, it is a multi-function machine that is prima facie classifiable under the following provisions:

8472 Other office machines

9504 Articles for arcade, table or parlor games

The Harmonized Commodity Description Coding System Explanatory Notes (ENs) to the HTSUS, regarding multi-function machines, page 1132, state in pertinent part: "[i]n general, multi-function machines are classified according to the principal function of the machine." The "Hoop Commander" will be marketed primarily for its game function. While it offers several diary functions, it is the Customs Service opinion that the device will be purchased and used principally for its game function.

The applicable subheading for the "Hoop Commander" will be 9504.90.4000, HTSUS, which provides for "Articles for arcade, table or parlor games...: Other: Game machines, other than coin- or token-operated." The rate of duty will be free.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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