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NY L85879





June 29, 2005

CLA-2-95:RR:NC:2:224 L85879

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.6000

Ms. Jean Hillan
Innovative Kids
18 Ann Street
Norwalk, CT 06854

RE: The tariff classification of a Game Board Book from China

Dear Ms. Hillan:

In your letter dated June 10, 2005, you requested a tariff classification ruling.

You are requesting the tariff classification on a product that is described as “The Amazing Game Board Book”; no item number is indicated. The product consists of: checkers/chess game set pieces, dice, dominoes, a dry erase marker, and playing cards. The sample will be returned, as requested by your office.

The game board book and its pieces will be sold and marketed as a set, and the product will also be considered a set for tariff purposes. No one heading in the tariff schedule covers these components in combination; GRI 1 cannot be used as a basis of classification. GRI 3 provides for goods that are, prima facie, classifiable in two or more headings. GRI 3 (b) provides that mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.

Noting GRI-3 (b), the component that gives the set its essential character would dictate the classification of the set. The game boards and game pieces of the Amazing Game Board Book exemplify the essential character. Therefore, the applicable subheading for the Amazing Game Board Book, no item number indicated, will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino gamesparts and accessories thereof: other: chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards); mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice. 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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