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Wireless Controllers Not Considered Video Game Accessories, CBP Says

Friday, February 23, 2018
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is proposing to reclassify wireless video game controllers as radio remote control apparatus for video game consoles under HTSUS 8526.92.10 (duty-free) rather than as video game accessories under HTSUS 9504.10.00 (duty-free). Rulings NY L83006, NY N143476, and NY N118298 would be revoked, and ruling NY M86614 would be modified, to reflect this change. Comments on this proposal are due no later than March 23.

While Note 3 to HTSUS Chapter 95 states that parts and accessories suitable for use solely or principally with articles of this chapter are to be classified with those articles, this provision is subject to Note 1(m), which states that Chapter 95 does not cover radio remote control apparatus (heading 8526). CBP states that because the subject controllers employ Bluetooth technology, which is based on radio frequencies, they fit squarely within the scope of eo nomine heading 8526 and are thus excluded from classification in Chapter 95.

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