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NY K86948




June 25, 2004
CLA-2-95:RR:NC2:224 k86948

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.6000; 9504.90.9080; 7013.29.2000

Mr. Peter Lindstrom
Image West Apparel, Inc.
6900 E 47th Avenue Drive #1000
Denver, CO 80216

RE: The tariff classification of 2 adult games and a beer mug with a bell from China

Dear Mr. Lindstrom:

In your letter dated June 7, 2004, you requested a tariff classification ruling.

You are requesting the tariff classification on 3 products as follows. The Notorious Beer Game is an adult board game that includes 1 die, 4 playing pieces, 32 draw cards and a playing board. The Intoxicating Drinking Game is an adult game that is comprised of 1 printed glass, 1 novelty bottle opener (spinner), either 1 die or 1 ping pong ball (depending on the game title), and 1 game instruction card. This article is part of a 17-piece collection: all identical except for the game title name, game instructions and whether the game contains a die or a ping pong ball.

The last article is a printed glass mug with a handle. A metal bell is attached to the top portion of the handle. The glass mug measures approximately 5 inches in height and 3 inches in diameter at its mouth.

The essential character of the mug with a handle is imparted to the article by the glass mug portion. The metal bell, which is a novelty accessory, is merely an enhancement feature.

You stated in a telephone conversation that the unit value of the glass mug is over $0.30 but not over $3.00.

The applicable subheading for the Notorious Beer Game will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for arcade, table or parlor games...parts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design...poker chips and dice. The rate of duty will be free.

The applicable subheading for the Intoxicating Drinking Game will be 9504.90.9080, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for arcade, table or parlor games, including pinball machines...parts and accessories thereof: other: other...other. The rate of duty will be free.

The applicable subheading for the glass mug with bell will be 7013.29.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes...: drinking glasses, other than of glass-ceramics: other: other: valued over $0.30 but not over $3.00 each. The rate of duty will be 22.5 percent ad valorem.

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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