N337575

N337575 February 8, 2024 CLA-2-95:OT:RR:NC:N4:424 CATEGORY: Classification TARIFF NO.: 9504.40.0000 Ms. Leslie Wank Chick Magnets NY LLC 14 Fox Meadow Road Scarsdale, NY 10583 RE: The tariff classification of the “Canasta Traveler” card game and “Doubledecker” card decks from China Dear Ms. Wank: In your letter submitted on January 14, 2024, you requested a tariff classification ruling. Photographs and a description of the “Canasta Traveler” card game were submitted with your inquiry. The product under consideration is a travel game set, specially designed for playing the card game, Canasta, outdoors under possible windy conditions. The game includes the following items: 2 decks of standard playing cards (called “doubledecker”), packed in a magnetic closure cardboard box with a window cutout (called “deckstand”), 1 spinner set composed of a pick and discard tray, a tray base (called “spindeck”), and a weighted arm (called “doodad”) packed in a paper tuck box, 1 zip bag containing 20 plastic coated magnets (called “clicks”), 1 zip bag containing 4 silicone and steel flat boards measuring approximately 12” x 3” ( called “clickboards”), 1 zippered traveler game zip bag, and 1 bag tag/label (with country of origin as well as other game information). Bags are made of laminated woven polypropylene and are sized for their contents. The aforementioned contents are being manufactured in 3 different factories in China. You state that you are consolidating all the components being produced at the various factories, into one shipment for export to the United States and that each shipment will contain equal amounts of components to produce an exact number of “The Canasta Traveler” games. There will not be any extra or missing components. After importation, all the components to make each single game box will be packed for retail sale. According to General Rule of Interpretation (GRI) 2(a), “any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), entered unassembled or disassembled.” This item would then be considered to be a composite good. Because the merchandise is a composite good, GRI 3(b) governs classification. GRI 3(b) states as follows: Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable. Explanatory Note VIII to GRI 3(b) provides: “the factor which determines essential character will vary as between different kinds of goods. It may, for example, be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the goods.” In this instance, it is the playing card decks that impart the essential character to the game. You are also requesting a classification on possible additional shipments of the “Doubledeckers” (boxed playing card decks) imported in separate shipments. The applicable subheading for the “Canasta Traveler” card game and the “Doubledeckers” will be 9504.40.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Video game consoles and machines, articles for arcade, table or parlor games…parts and accessories thereof: Playing Cards." 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 at https://hts.usitc.gov/current. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division

set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Roseanne Murphy at roseanne.j.murphy@cbp.dhs.gov.Sincerely, Steven A. Mack Director National Commodity Specialist Division