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NY N025735




May 5, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 9504.90.4000

Ms. Amy Hess
World Exchange, Inc.
8840 Bellanca Ave.
Los Angeles, CA 90045

RE: The tariff classification of Mega-Pack for the PlayStation Portable from China

Dear Ms. Hess:

In your letter dated March 31, 2008, you requested a tariff classification ruling on behalf of Performance Designed Products.

A sample of the Mega-Pack for the PlayStation Portable (PSP) Slim/PSP 2001 (Series 6035) kit was received with your inquiry. The Mega-Pack kit includes the following accessories to be used with the PSP video game system: a Vacu-Form case for the PSP, screen protector, a 2-in-1 Game Saves/Pro-Media Director disk, car charger, ear buds, two game jackets, wrist lanyard with cleaning pad, and a combination USB data and power cable. The Mega-Pack is designed specifically for the PSP and will be imported and sold in the same condition at retail as the sample presented.

The components that make up the Mega-Pack comprise accessories that are used solely with portable electronic video game machines. Game machines are classified in heading 9504 of the Harmonized Tariff Schedule of the United States (HTSUS). Heading 9504, HTSUS, describes “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.” Since GRI 1 requires that the classification of goods be determined according to the terms of the headings and any relative section or chapter notes, we turn to the legal notes of the tariff schedule. Note 3, to chapter 95, states that “subject to note 1 above, parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles.” Note 3 indicates that the subject game machine components are classifiable with the game machine of which they are an accessory.

The applicable subheading for the Mega-Pack will be 9504.90.4000, HTSUS, which provides for “Articles for arcade, table or parlor games: Other: Game machines, other than those operated by coins, banknotes (paper currency), discs or similar articles; parts and accessories thereof.” The rate of duty is 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/.

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 James Forkan at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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