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NY H81079




May 31, 2001

CLA-2-95:RR:NC:2:224 H81079

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.10.0030

Steven Draffen
Olympus America Inc.
2 Corporate center Drive
Melville, New York 11747-3157

RE: The tariff classification of the “Eye-Trek”, model FMD-20P from China.

Dear Mr. Draffen:

In your letter dated May 10, 2001, you requested a ruling on tariff classification.

You are requesting the tariff classification on an item that is described as an “Eye-Trek”, model FMD-20P. The product is a new type of personal display that uses a unique optical system to enlarge video images generated by small LCDs. With a simple connection, dynamic images from a “PlayStation 2” can be enjoyed. The product is a compact, lightweight design that is as easy to wear as regular eyeglasses. The user can adjust the nose pad to fit the display unit in the optimum viewing position. The “Eye-Trek” may also be worn over eyeglasses. This product is exclusively designed for use with the “PlayStation 2”. The Eye-Trek includes a control unit and an instruction manual. Illustrations were provided in lieu of a sample.

Noting the chapter notes for chapter 95 of the HTS, particularly chapter note 3 for chapter 95 which states: “Subject to note 1 above, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles”, it has been determined that your product, the Eye-Trek will be classified in chapter 95 of the HTS.

The applicable subheading for this product, the Eye-Trek, model FMD-20P, will be 9504.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for “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: Video games of a kind used with a television receiver and parts and accessories thereofParts and accessories.” The general 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.).

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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