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NY N005734




February 1, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.9080; 4202.92.45; 9902.01.78

John A Carrier
John Carrier, LCHB
601 Cooks Hill Rd
Mount Juliet, TN 37122

RE: The tariff classification of bingo cards and bingo bags from China.

Dear Mr. Carrier:

In your letter dated January 18, 2007, you requested a tariff classification ruling on behalf of Bingo Novelty World.

According to your submission, you seek clarification of the scope of the subheading 9902.01.78 of the Harmonized Tariff Schedule of the United States (HTSUS) and its effect on bingo cards imported and entered together with the bags designed to be sold with the cards.

Subheading 9902.01.78 reflects trade legislation to temporarily amend the treatment of certain bags imported into the United States. Specifically it reads: “Bags (provided for in subheading 4202.92.45) for transporting, storing, or protecting goods of headings 9502-9504, inclusive, imported and sold with such articles therein.” Customs interprets this language as meaning that bags, meeting the language of subheading 4202.92.45, that are imported with and packed for retail sale with goods of heading 9502 through 9504, qualify for classification treatment in subheading 9902.01.78 and eligible for temporary free duty.

Bingo cards are game equipment classifiable in heading 9504 of the HTSUS. Accordingly, in this case, bingo bags imported and packaged with the bingo cards in a condition ready for resale at retail will qualify for treatment in subheading 9902.01.78, HTSUS. Bingo bags and bingo cards imported separately or imported together in the same shipment but packaged separately are not eligible for treatment under the temporary trade legislation provided in subheading 9902.01.78, HTSUS.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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