HQ 082216: Novelty Item

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                         HQ 082216
                      October 5, 1989

CLA-2 CO:R:C:G  082216 SLR

CATEGORY: Classification

TARIFF NO.: 9504.90.6000

Ronald W. Gerdes, Esq.
Sandler & Travis, P.A.
1120 Nineteenth Street, N.W.
Washington, D.C.  20036

RE: Novelty Item

Dear Mr. Gerdes:

     This ruling is in response to your letter of April 28, 1988,
on behalf of your client, Horizon Leisure Products of Vancouver,
Canada, requesting the proper classification of a novelty product
entitled "The President" under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA).  A sample produced in
Taiwan was forwarded for our examination.

FACTS:

     The submitted sample consists of:

      (1) a knit garment (called a "game shirt");
      (2) one set of printed rules;
      (3) two sets of vote cards, one set marked "100 votes" and
            the other set marked "500 votes";
      (4) one set of cards marked "miss one turn";
      (5) one plastic die; and
      (6) six felt playing pieces.

     The "game shirt" is a short-sleeve, crew neck, one-size fits
all pullover shirt made of 65 percent polyester and 35 percent
cotton.  The garment features a large, non-detachable free-
hanging pocket, located on the left side of the chest, which is
secured by a button closure.  The pocket converts into a pouch
which can be used to carry and/or store the garment along with
the game pieces.  A fabric loop, sewn to the top of the pocket,
facilitates the carrying of the garment and the game pieces when
the pocket is utilized as a pouch.  A screen-printed logo is
located on the outer surface of the pocket.  The shirt also
features a large, circular, screen-printed logo on the back which
is said to constitute the actual playing surface of the game.
The game can be played with or without the "game shirt" being
worn on the body.
                              -2-

     The instant product is duly registered with both the United
States and Canadian copyright offices.  It is marketed as a game
and sold exclusively to game retailers.

     On June 18, 1987, our New York office issued a ruling (New
York Ruling Letter 823580) classifying the "game shirt" and game
pieces separately under the Tariff Schedule of the United States
(TSUS) as follows: the shirt under item 381.0240, TSUS, other
men's or boys' wearing apparel (or, if unisex, item 384.0231,
other women's or girls' wearing apparel) and the game pieces
under item 734.1500, TSUS, for games played on boards of special
design and parts thereof.  This ruling also included an advisory
opinion as to the proper classification of the subject product
under the Harmonized System.  Here, too, New York classified the
"game shirt" and game pieces separately under subheadings
corresponding to the above-mentioned TSUS provisions.

     In your letter, you maintain that the "game shirt" and
accompanying game pieces should be considered one product
classifiable as a game under both the TSUS and HTSUSA.

ISSUE:

     What is the proper classification of the subject novelty
product under the HTSUSA?

LAW AND ANALYSIS:

     On January 1, 1989, the Harmonized Tariff Schedule of the
United States replaced the TSUS as the nation's import code.
Accordingly, our office responds only to HTSUSA classification
requests.  (See 19 CFR Part 174 for guidelines concerning the
proper filing of TSUS protests.)

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order.  Heading 6109 provides for T-shirts ... knitted or
crocheted.  Heading 9504 provides for articles for arcade, table
or parlor games ... parts and accessories thereof.  No single
heading describes the product in issue.

     GRI 2(a) refers to incomplete or unassembled articles, and
so does not apply to this case.  Likewise, GRI 2(b) is
inapplicable since that provision governs the classification of
goods consisting of more than one material or substance.

     GRI 3 provides for goods that are prima facie classifiable
under two or more headings.  Since the "game shirt" is
classifiable under one heading and the game pieces under another,
GRI 3 is germane to our analysis.

     GRI 3(a) provides that when two or more headings are under
                              -3-

consideration, the one providing the most specific description of
the merchandise in preferred.  All headings are regarded as
equally specific, however, when each refers to part only of the
goods.  Each of the headings, 6109 and 9504, refers to only
part of the subject merchandise.  Therefore, the headings are
regarded as equally specific, and the classification of the "game
shirt" and the game pieces cannot be determined by application of
the doctrine of relative specificity.

     GRI 3(b) provides that composite goods made up of different
components which cannot be classified by reference to 3(a) shall
be classified as if they consisted of the component which gives
them their essential character.  In general, "essential
character" has been construed to mean the attribute which
strongly marks or serves to distinguish the article.

     In this case, the essential character of this novelty item
is not readily apparent.  It is our belief that the essential
character of the product is not distinguished by either the game
play activity or by the shirt function; the two are mutually
complementary.  Taken by themselves, the game pieces are useless
without the shirt which acts as a game board, and
correspondingly, the shirt cannot be used for its intended
purpose as part of a play activity without the necessary game
pieces.  Neither the "game shirt" nor the game pieces, therefore,
imparts the essential character of the product in issue.

     When the component which gives the product its essential
character cannot be determined, classification is ascertained by
way of GRI 3(c).  If classified separately, the game surface with
game pieces would fall under the provision for ... other games
played on boards of special design ... poker chips and dice, in
subheading 9504.90.6000.  The shirt would be classified under the
provision for T-shirts ... and similar garments, knitted or
crocheted ... of man-made fibers, in subheading 6109.90.1080
Applying GRI 3(c), the merchandise is classifiable under
subheading 9504.90.6000 since it occurs last in numerical order
of the two competing subheadings.

HOLDING:

     The product in issue is classifiable under 9504.90.6000
HTSUSA, which provides for articles for arcade, table or parlor
games ... other games played on boards of special design ...
poker chips and dice.  The rate of duty is 4.64 percent ad
valorem.

                                Sincerely,


                                John Durant, Director
                                Commercial Rulings Division