HQ 089971: Fantasy role play games books are expansion modules are designed to enhance fantasy game play, not for passive reading. Books; printed matter.

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 089971

                          November 1, 1991

   CLA-2 CO:R:C:T  089971  HP

   CATEGORY:  Classification

   TARIFF NO.:  9504.90.9080

   Mr. Ronald J. Seiden
   Procedures Manager
   Bucci Imports
   West End Games
   RD 3
   Box 2345
   Honesdale, PA 18431

   RE:  Fantasy role play games books are expansion modules are
   designed to enhance fantasy game play, not for passive
   reading.  Books; printed matter.

   Dear Mr. Seiden:

        This is in further reply to your various correspondence
   with Congressman McDade, with respect to your mail importation
   of several role playing games.  Please reference our case
   number HQ 089835 of July 18, 1991.  As we informed Congressman
   McDade, we are now issuing you a binding ruling as to the
   appropriate classification of these games, under the
   Harmonized Tariff Schedule of the United States Annotated
   (HTSUSA).

   FACTS:

        The merchandise at issue consists of expansion module
   books which are game reference materials designed to expand
   fantasy role play games.  They provide maps and descriptive
   narratives of fictional worlds, environmental scenarios,
   character generation and development, and background
   informational resources for use in fantasy role play games
   such as Dungeons and Dragons.  The books offer inspiration,
   guidelines, games rules, and a fantasy world, promote personal
   development in role play campaigns, and serve as a base from
   which role playing can be extended.

   ISSUE:

        Whether the books are considered written materials of
   Chapter 49, or games under Chapter 95, HTSUSA?

   LAW AND ANALYSIS:
        In HRL 085214 of November 24, 1989, we classified
   substantially similar merchandise as follows:

                  Heading 9504, HTSUSA, covers articles
             for arcade, table or parlor games...parts
             and accessories thereof.  The merchandise
             in issue consists of materials that
             complements and amplifies the fantasy game
             play activity.  The modules, however, are

             also books as provided for in heading
             4901.  Since two headings describe the
             subject merchandise, GRI 3 must be
             consulted.

                  GRI 3(a) states that "(t)he heading
             which provides the most specific
             description of the article shall be
             preferred over headings providing a more
             general description."  In our opinion,
             heading 9504 provides a more specific
             description of the merchandise at issue.
             The modules enhance fantasy game play;
             they were not designed for passive
             reading.

   We agree with the analysis set forth in HRL 085214, supra, and
   adopt it for purposes of its application to the instant
   merchandise.

   HOLDING:

        As a result of the foregoing, the instant merchandise is
   classified under subheading 9504.90.9080, HTSUSA, as articles
   for arcade, table or parlor games, including pinball machines,
   bagatelle, billiards and special tables for casino games;
   automatic bowling alley equipment; parts and accessories
   thereof; other, other, other, other.  The applicable rate of
   duty is 4.64 percent ad valorem.

        A copy of this ruling letter should be attached to the
   entry documents filed at the time this merchandise is
   imported.  If the documents have been filed without a copy,
   this ruling should be brought to the attention of the Customs
   officer handling the transaction.


                             Sincerely,





                       John Durant, Director
                    Commercial Rulings Division