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NY N004783





January 26, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.99.9000

Frank Gomez
World Exchange, Inc.
8840 Bellanca Avenue
Los Angeles, CA 90045

RE: The tariff classification of molded plastic video game case

Dear Mr. Gomez:

In your letter dated December 5, 2006, you requested a tariff classification ruling on behalf of Electro Source Inc., of Los Angeles, CA.

The submitted sample is a video game case that is wholly constructed of molded plastic. It measures approximately 5.75" (W) x 0.5" (D) x 2.75" (H). The case is designed and used to provide protection, storage, organization, and portability for video games. The interior is specially fitted and designed to hold video games. We are retaining the case as an official sample.

In your ruling request, you recommended classification of the submitted case under Harmonized Tariff Schedule of the United States (HTSUS) 9504.90.4000. Noting chapter 95 Chapter Notes, particularly Note 1 (d) which excludes from classification in chapter 95 all containers of heading 4202, 4303 or 4304, the video game case will be classified in chapter 42 of the HTSUS.

The applicable subheading for the molded plastic case will be 4202.99.9000, Harmonized Tariff Schedule of the United States (HTSUS), in part, for other containers and cases, other, other, other. The rate of duty will be 20% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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