HQ 083440: Game cartridges

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 083440

                                      May 1, 1989

          CLA-2 CO:R:C:G:  083440 BPM

          CATEGORY:     Classification

          TARIFF NO.:   8473.30.4000

          Mr. Stephen S. Spraitzer
          Law Offices of George R. Tuttle
          3 Embarcadero Center, Suite 1160
          San Francisco, California 94111

          RE:   Game cartridges

          Dear Mr. Spraitzer:

                By letter dated August 5, 1988, and supplemental letter
          dated December 5, 1988, you requested a ruling on the appropriate
          classification of Atari game cartridges for use in the 800 XL,
          65XE and XE game systems under the Harmonized Tariff Schedule of
          the United States Annotated (HTSUSA).

          FACTS:

                The game cartridges (cartridges) imported by Atari consist
          of read-only memory (ROM) integrated circuits soldered to printed
          circuit boards (PCBs).  The PCB assemblies, some of which contain
          resistors and capacitors, are enclosed in plastic housing units.
          The PCB in each cartridge contains conductive pathways that serve
          as electrical connectors between the cartridge and the main unit
          when the cartridge is plugged into the main unit.  About 50
          percent of the software cartridges for the Atari 800 XL, 65 XE
          and XE computers are made by Atari, the other half are made by
          third party vendors.

          ISSUE:

                Under which of the following provisions are Atari game
          cartridges for use with the Atari 800 XL, 65 XE and XE computers
          appropriately classified:

          (1)  Subheading 8473.30.4000, HTSUSA, covering parts and
          accessories of the machines of 8471 not incorporating a cathode
          ray tube, or

















                                        - 2 -

          (2)  Subheading 9504.10.0030, HTSUSA, covering video games of a
          kind used with a television receiver; parts and accessories
          thereof.

          LAW AND ANALYSIS:

                Note 5(A) to Chapter 84 defines the term "data processing
          machines" for purposes of heading 8471.  Your ruling request
          indicates that the Atari 800 XL, 65XE and XE game systems satisfy
          all the conditions of Note 5(A).  Subheading 8473.30.40 HTSUSA,
          covers parts and accessories of the machines of 8471 not
          incorporating a cathode ray tube.  The cartridges are prima facie
          classifiable under this provision unless excluded from Section
          XVI by virtue of Note 1(p) or Note 3 thereto, or Chapter Note 5.

                The Atari game cartridges might appear to be prima facie
          classifiable under heading 9504, HTSUSA, covering, inter alia,
          parts and accessories of articles for arcade, table or parlor
          games.  Under that heading the cartridges would be classifiable
          under subheading 9504.10.0030, HTSUSA, covering parts and
          accessories of video games of a kind used with a television
          receiver.  However, as stated in the Explanatory Notes to heading
          9504, heading 9504 excludes "[m]achines and apparatus fulfilling
          the conditions of Note 5(A) to Chapter 84, whether or not capable
          of being programmed for video games (heading 8471)."

          HOLDING:

                The Atari game cartridges for use with the Atari 800 XL,
          65XE and XE game systems are classifiable under 8473.30.4000,
          HTSUSA, as parts and accessories of the machines of 8471 not
          incorporating a cathode ray tube.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division