CLA-2-95:S:N:N8:224 889130

Mr. James O'Hara
Stein Shostak Shostak & O'Hara
3580 Wilshire Boulevard
Los Angeles, CA 90010-2597

RE: The tariff classification of "Cliploard Bow & Arrow" sets, item number 8329 and item number 8417, from China.

Dear Mr. O'Hara:

This classification decision under the Harmonized Tariff Schedule of the United States (HTS) is being issued in accordance with the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

DATE OF INQUIRY : August 9, 1993

ON BEHALF OF : Imperial Toy Corp.

DESCRIPTION OF MERCHANDISE : The submitted sample, item number 8329, is a target game consisting of a plastic crossbow, a plastic clip and ten plastic darts with suction cups, packaged in a cardboard box imprinted with a circular numbered target on the back. The bow incorporates a plunger type spring mechanism that activates the dart's flight and moves the clip forward. Item number 8417 is an identical game except that it includes five foam arrows and a clip to fit the arrows in addition to the darts. Both units are considered games for tariff classification purposes with the objective being to secure the highest number of points. The crossbow, which incorporates a plunger type mechanism and has moveable parts, is considered a machine for tariff classification purposes and the units are considered game machines for tariff classification purposes.

HTS PROVISION : Game machines, other than coin or token operated; parts and accessories thereof.

HTS SUBHEADING : 9504.90.4000

RATE OF DUTY : 3.9 percent ad valorem

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport