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NY L80333




October 26, 2004

CLA-2-95:RR:NC:2:224 L80333

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Steven W. Baker
Steven W. Baker and Associates
One Sutter Street - Suite 1004
San Francisco CA 94104-4919

RE: The tariff classification of the Nintendo DS™ from China.

Dear Mr. Baker:

In your letter dated October 12, 2004, on behalf of Nintendo of America Inc., you requested a tariff classification ruling on a handheld game machine.

The Nintendo DS™ is a portable game system that features two screens designed to offer two perspectives on the action at once. One of the two 3-inch screens is touch-sensitive and works with a stylus – like a PDA – to access items, move characters, navigate menus and otherwise control the action in some games. The DS also has wireless communication that links players with other units within range and allows users to transmit text messages to one another. The Nintendo DS™ has separate slots to accept current Game Boy Advance cartridges and new, smaller DS game cards. While the Nintendo DS™ offers various processing capabilities, it is primarily a platform for video gaming and is provided for in the game provisions of heading 9504 of the Harmonized Tariff Schedule of the United States (HTSUS).

The applicable subheading for the Nintendo DS™ will be 9504.90.4000, HTSUS, which provides for articles for arcade, table or parlor gamesother: game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles. 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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