CLA-2-95:OT:RR:NC:N4:424

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of the “Atari Flashback 4” video game console from China

Dear Ms. Aldinger:

In your letter dated May 3, 2012, you requested a tariff classification ruling.

A sample of the “Atari Flashback 4” video game console, item # 9017710, was received with your inquiry. The item consists of a video game console, 75 built-in Atari games, two wireless remote controllers and an AC adapter. The console features plug and play connectivity to a television. The Atari Flashback console is designed with the same wood grain paneling and look of the classic Atari 2600 as well as similarly designed joysticks.

The applicable subheading for the “Atari Flashback 4” video game console will be 9504.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Video game consoles and machines, articles for arcade, table or parlor games…: Video game consoles and machines, other than those of subheading 9504.30, and parts and accessories thereof.” 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 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,

Thomas J. Russo
Director
National Commodity Specialist Division