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NY H89194




April 12, 2002

CLA-2-95:RR:NC:2:224 H89194

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.10.0000

William J. Maloney
Rode & Qualey
55 West 39th Street
New York, NY 10018

RE: The tariff classification of an electronic input device from China.

Dear Mr. Maloney:

In your letters dated March 14 and January 15, 2002, you requested a tariff classification ruling on behalf of your client, Essential Reality.

The product under consideration is an electronic user-worn interface device identified as a P5™ computer input. In its imported condition, the product will consist of a “glove,” a “docking station,” cables, and software on a compact disc. The glove is worn on the user’s hand and with its sensors and electronic circuitry allows the user to control and manipulate computer and gaming system applications. The glove is connected by wire to the enclosed “docking station” which converts and transmits useable information received from the glove to a data processing machine via a USB cable.

You have indicated that the product will support all platforms that are USB based including PC’s, Mac’s, and the newer gaming systems such as the Sony PS2 and the Microsoft Xbox. To the extent that the P5™ can be shown to be principally used as an accessory controller to video game consoles, it can be classified in heading 9504, Harmonized Tariff Schedule of the United States (HTSUS), by virtue of Legal Note 3 to Chapter 95 of the HTSUS. The applicable subheading for the P5™ input device under these conditions would be 9504.10.0000, HTSUS, which provides for video games of a kind used with a television receiver and 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 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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