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Ruling Revocation Confirms Wireless Controllers Not Video Game Accessories

Monday, May 21, 2018
Sandler, Travis & Rosenberg Trade Report

In the May 16, 2018, Customs Bulletin and Decisions, U.S. Customs and Border Protection has reclassified 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). Ruling HQ H235178 will revoke rulings NY L83006, NY N143476, and NY N118298 and modify ruling NY M86614 to reflect this change, effective for goods entered or withdrawn from warehouse for consumption on or after July 16.

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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