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NY N024945




April 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3031, 9504.10.0000

Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Suite 300
Minneapolis, MN 55425

RE: The tariff classification of a carrying bag with Wii accessories from China

Dear Ms. Peiffer:

In your letter dated March 13, 2008 on behalf of Griffin Marketing & Promotions, you requested a classification ruling. The sample will be returned to you as requested.

Style PSE6400 is referred to as a Wii 4-in-1 kit and includes a carrying bag, Wii AC adaptor, Wii infrared sensor, Wii AV cable and Wii wrist straps

The carrying bag is constructed with an outer surface of man-made textile material. It is designed to provide storage, protection, portability, and organization to the Wii consol, controllers, and other accessories. The interior has a main compartment with various compartments. The compartment walls are secured to the interior by means of hook-and-loop closures. The bag has a flap closure, and several interior pockets. The bag has a removable, adjustable shoulder strap and a top carrying handle. Both ends of the bag have open mesh pockets. The bag secures with two webbed straps that have plastic clips at the end. It measures approximately 12” (W) x 8.5” (H) x 4” (D).

In your letter, you suggest that the entire Wii 4-in-1 kit is classifiable under 9504.10.0000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: video games of a kind used with a television receiver and parts and accessories thereof. The carrying bag is akin to the named goods of heading 4202, HTSUS, and provides the useful functions of storage, protection, organization and portability for the Wii accessories. Noting chapter 95 Chapter Notes, specifically Note 1 (d), which excludes from classification all containers of heading 4202. Therefore, the carrying bag will be classified in 4202, HTSUS.

You also suggest subheading 9902.01.78. This subheading 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." In this case, the carrying bag is constructed of a textile material and thus does not qualify for classification treatment in subheading 9902.01.78 nor is eligible for temporary duty free status.

The applicable subheading for the carrying bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the Wii AC adaptor, infared sensor, AV cable and wrist straps will be 9504.10.0000, HTSUS, which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games; automatic bowling alley equipment; parts and accessories thereof: video games of a kind used with a television receiver and parts and accessories thereof: video games of a kind used with a television receiver and parts and accessories thereof. The rate of duty will be free.

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/.

HTSUS 4202.92.3031 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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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