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NY F87891




June 14, 2000

CLA-2-95:RR:NC:2:224 F87891

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Perry J. Tesar
Team Concepts North America, Ltd.
331 Eisenhower Lane South
Lombard, IL 60148

RE: The tariff classification of a battery-operated game machine from China.

Dear Mr. Tesar:

In your letter dated May 26, 2000, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is identified as item number A0245. The battery-operated game machine, which is formulated for ages 7 and up or Grades 2 through 6 in school, features a vibrating action that simulates real motor cross racing and realistic sound effects. To control the direction of the motorbike that appears on the screen when the game is activated, tilt the handlebar (on the game machine) left or right to turn. Speed through the road on the screen and catch the correct number to answer the mathematical equation. Although the game machine may teach some math skills, the item primarily functions as a game machine.

The applicable subheading for the battery operated game will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Game machines, other than coin- or token-operated; parts and accessories thereof.” 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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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