The tariff classification of a hopscotch game from China

N300425 October 1, 2018 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9504.90.9080 Ms. Joann Mosqueda Ja-Ru Inc. 12901 Flagler Center Blvd. Jacksonville, FL 32258 RE: The tariff classification of a hopscotch game from China Dear Ms. Mosqueda: In your letter dated August 31, 2018, you requested a tariff classification ruling. A sample of the “Sidewalk Chalk Hopscotch” game, item number 3506, was submitted with your inquiry. The item is comprised of 2 sidewalk chalk sticks, 2 chalk holders, and 3 assorted colored place markers. Instruction for game play are also included on the packaging. Hopscotch is a children's game that can be played with several players or alone. Since the chalk is used to create the game board diagram, the game can be played on any flat surface. To begin game play, a player uses the chalk provided to draw a hopscotch diagram game board as detailed in the instructions. Each player selects one colored place marker and then takes a turn by tossing the marker into the numbered pattern of rectangles outlined on the ground and then hops or jumps through the spaces to retrieve the marker. The object of the game is to be the first player to hop all the way through the diagram without making a mistake. The “Sidewalk Chalk Hopscotch” game is intended for use by children 4 years of age and older. In your request, you suggest the “Sidewalk Chalk Hopscotch” game is principally used as a toy. While designed for children, the product is used to promote game play activity between two or more people or between one person and the game itself. Classification as a toy is not appropriate. The applicable subheading for the “Sidewalk Chalk Hopscotch” will be 9504.90.9080, HTSUS, which provides for Video game consoles and machines, 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: Other: Other: Other: Other. 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 https://hts.usitc.gov/current. 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 Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division