The tariff classification of AV Packs and a RF Adapter from China and the Philippines.

NY I85423 September 6, 2002 CLA-2-95:RR:NC:2:224 I85423 CATEGORY: Classification TARIFF NO.: 9504.10.0000 Kathy Bartlett Microsoft Corporation One Microsoft Way Redmond WA 98052-6399 RE: The tariff classification of AV Packs and a RF Adapter from China and the Philippines. Dear Ms. Bartlett: In your letter dated August 12, 2002, you requested a tariff classification ruling. The merchandise is described as an Xbox Definition (HDTV) AV Pack, end item SKU# K03-00001; an Advanced AV Pack, end item SKU# K05-00001; and, an Xbox RF Adapter, end item SKU# K07-00001. All three adapters convert the audio and video signals from the Xbox video game machine to a connector format and signal compatible with various television systems. The samples will be returned at your request. Within Chapter 95 of the Harmonized Tariff Schedule of the United States (HTSUS), subheading 9504.10.00 provides for video games of a kind used with a television receiver and parts and accessories thereof. Chapter 95, Legal Note 3, HTSUS, states “…parts and accessories which are suitable for use solely or principally with articles of this chapter are to be classified with those articles.” Based on the information you provided, we find that the above-described items are marketed for and solely or principally used as parts or accessories with the Microsoft Xbox video game, which is provided for within Chapter 95, heading 9504, HTSUS. See NY Ruling H81028 dated August 10, 2001. The applicable subheading for the Xbox High Definition AV Pack, Advanced AV Pack, and the Xbox RF Adapter will be 9504.10.1000, HTSUS, which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards and special tables for casino games…: video games of a kind used with a television receiver and parts and accessories thereof. 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, National Commodity Specialist Division