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NY H87840




January 28, 2002

CLA-2-85:RR:NC:1:108 H87840

CATEGORY: CLASSIFICATION

TARIFF NO.: 8524. 39.4000

Mr. Berit Sjovik
Caprino Video Games Distribution AS
Martin Lingesvei 15-25
1367 Snaroya, Norway

RE: The tariff classification of a CD-ROM software video game from Norway and Denmark.

Dear Mr. Sjovit:

In your letter dated January 11, 2002 you requested a tariff classification ruling.

The item in question is CD-ROM software game denoted as the Pinchcliffe Grand Prix. It is designed as a Windows based game for use on an ADP machine. It is based upon a Norwegian produced movie of the same name. Based upon the attached literature it demonstrates the characteristics of instructions, data, sound, image and interactivity while being used on an ADP machine.

The applicable subheading for the CD-ROM software game will be 8524.39.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Records, tapes and other recorded media for sound or other similarly recorded phenomena, including matrices and masters for the production of records, but excluding products of chapter 37: Discs for laser reading systems: Other: For reproducing representations of instructions, data, sound and image, recorded in a machine readable binary form, and capable of being ,manipulated or providing interactivity to a user, by means of an automatic data processing machine; proprietary format recorded discs. 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 Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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