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NY H86797




January 10, 2002

CLA-2-84:RR:NC:1:110 H86797

CATEGORY: CLASSIFICATION

TARIFF NO.: 8471.90.0000; 8542.12.0000

Mr. Garth Pauley
140 E. North Street
Worthington, OH 43058

RE: The tariff classification of four smart Trading Card products from Hong Kong.

Dear Mr. Pauley:

In your letter dated December 20, 2001, on behalf of your client Statcard Entertainment, you requested a tariff classification ruling.

The merchandise under consideration is identified as style numbers: 800020-800029 Smart Trading Cards, 800030 a 3 pack of Booster Smart Trading Cards, 800003 Smart Trading Card Mini Reader, and 800002 Smart Trading Card Reader.

Style numbers 800020-800029 Smart Trading Cards are a series of ten X-Action Trading Cards. Each card features a different X-Action Athlete. The Smart Trading Cards are credit card size plastic cards, which feature an integrated circuit that holds information about the athlete pictured on the front. Style number 800030 is a blister pack of 3 different X-Action Booster Smart Trading Cards that function the same as the 800020-800029 Smart Trading Cards.

Style number 800003 is the Smart Trading Card Mini Reader. This is a portable reader specifically designed to display both alpha and numeric information that is stored on the X-Action Trading Cards. This card reader is battery powered and measures approximately 2¾ inches wide by 1¼ inches deep and is ½ inch thick. A “D” ring with a chain is attached to the reader. There is a slot in the reader for inserting the X-Action Trading Cards and a small LCD display screen, which displays the information about the X-Action Athlete, and game scores from an interactive web-site.

Style number 800002 is the Smart Trading Card Reader. The Smart Trading Card Reader measures approximately 3½ inches by 2½ inches and is ½ inch deep. This reader contains an integrated circuit board that interacts specifically with the X-Action Trading Cards. A 9-pin serial connector is supplied and is used to connect the reader to a personal computer. A 6-pin male and female mouse connector is also supplied and is used to connect the computers mouse to the reader. The user can log onto an interactive web-site, exclusively designed for the Smart Card Traders, to play games and record game scores and information about their favorite X-Action Athlete. By placing a card in the reader, the web-site will receive information identifying the athlete on the card and allow the user to play games as that athlete. Information is downloaded from the web-site and then stored onto the Smart Trading Cards. The reader is not designed as part of an ADP system. Although a computer is necessary to download this information from the web-site, the function of the reader is to read limited information from and transcribe limited information to the X-Action Trading Cards.

The second part of heading 8471 provides for “machines for transcribing data onto data media in coded form and machines for processing such data.” Explanatory Note 84.71 (II) (C) indicated that “Machines for processing data, decoding and giving the result” are provided for in this part.

The applicable subheading for the Smart Trading Card Mini Reader (style number 800003) and the Smart Trading Card Reader (style number 800002) will be 8471.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included: Other.” The rate of duty will be free.

The applicable subheading for the Smart Trading Cards (style numbers 800020-800029) and the Booster Smart Trading Cards (style number 800030) will be 8542.12.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Electronic integrated circuits and microassemblies; parts thereof: Monolithic digital integrated circuits: Cards incorporating electronic integrated circuits ("smart" cards).” 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 Eileen S. Kaplan at 646-733-3016.

Sincerely,

Robert B. Swierupski
Director,

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