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NY B87772




July 31, 1997

CLA-2-95:RR:NC:2:224 B87772

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.9080

Angela Tumbarello
CYRK, Inc.
3 Pond Road
Gloucester, MA 01930

RE: The tariff classification of a game table top and carrying case from China and Thailand.

Dear Ms. Tumbarello:

In your letter dated July 16, 1997, you requested a tariff classification ruling.

You are requesting the tariff classification on a game table top which is designed to fit on top of a regular table when playing card games. The table top is pine wood covered with polypropylene. The surface of the table has plastic inserts for holding playing chips and other plastic inserts for holding drinks. The specially designed carrying case is nylon with a PVC backing. The carrying case appears to be of a kind normally sold at retail with the contents.

In our opinion, the component described as a carrying case, serves to store and protect the game table top, as well as to transport it. General Rule of Interpretation (GRI) 5(a) of the Harmonized Tariff Schedule of the United States (HTSUS) provides that a container which is specially shaped or fitted to contain a specific article or set of articles, is suitable for long term use, and is entered with the article for which it is intended, shall be classified with such article/articles when of a kind normally sold therewith.

The carrying case, which is the subject of this ruling request, is considered to be a container specially shaped to contain the game table top, is suitably durable, and is entered with the article for which it is intended. Consequently, when this specially designed case is entered with the game table top for which it is intended it meets the requirements of GRI 5(a) and should be classified with the game table top.

The applicable subheading for the game table top and carrying case will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for "Articles for arcade, table or parlor games,...billiards and special tables for casino games...parts and accessories thereof: Other...Other." The rate of duty will be free.

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 Thomas A. McKenna at 212-466-5475.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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