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NY K87899




July 30, 2004
CLA-2-95:RR:NC:SP:224 K87899

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Mr. Craig VerPault
Barthco International, Inc.
2200 Broening Highway, Suite 200
Baltimore, MD 21224

RE: The tariff classification of “B/O Pinball Game” from China

Dear Mr. VerPault:

In your letter dated July 14, 2004, on behalf of CVS/Pharmacy, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. That sample is being returned to you as per your request. The subject merchandise is CVS item # 246795, called the “B/O Pinball Game (Super Racer)”. As the name implies, this is a small scale, battery-operated pinball machine. It is stated to have electronic lights and sounds, dual working flippers, a spring action bumper, and an automatic scoreboard. There is also an extra score keeper to record highest scores. It will be imported boxed for retail sale.

The applicable subheading for the “B/O Pinball Game” will be 9504.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Articles for arcade, table, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games: Other: Game machines, other than those operated by coins, banknotes (paper currency) discs or similar articles; 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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