United States International Trade Commision Rulings And Harmonized Tariff Schedule
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NY 856361

CLA-2-49:S:N1:234 856361


Mr. Alan Litwin
F. W. Myers & Co., Inc.
55 Oriskany Drive
Tonawanda, New York 14150

RE: The tariff classification of a "scratch-off insert", from Canada.

Dear Mr. Litwin:

In your letter dated September 14, 1990, on behalf of your client, Lawson Mardon Graphics, you requested a tariff classification ruling.

A sample was submitted, which will be retained for reference. It is a printed game card, in a game called, "The Big Win Sweepstakes", issued by and returnable to Harlequin Reader Service, 901 Fuhrmann Blvd., P.O. Box 1867, Buffalo, N.Y. 14240-9952. The card has six (6) numbered "tickets", each containing a scratch-off strip, referred to as "pink metallic strip". Under each strip is printed an amount of money or name of a prize which the respondent "could" win. Presum- ably, some potential winners will actually win money or prizes.

Your client states, in his letter to U.S. Customs at Buffalo, N.Y., dated Sept. 12, 1990, as point "6", that "The folder (the game card) is to be inserted into Harlequin Romance pocket novels to be distributed both in the U.S. and in Canada."

We take it that the novels are not distributed free of charge, but must be purchased, and that, consequently, the "folder-game card" is, in effect, paid for in connection with the purchase of the novel, and not given away free of charge. In other words, the purchase of a novel is necessary in order for a player to participate in the "Sweep-stakes".

Under these circumstances we are of the opinion that the "scratch-off insert" of this classification ruling request is a lottery ticket, or printed matter that may be used as a lottery ticket, and is also in part an advertisement of a lottery. Such merchandise is prohibited from entry into the United States, by law: 19 U.S.C. 1305. Since in our opinion the merchandise may not lawfully enter the United States, it is inappropriate for this office to rule as to its classification and rate of duty under the Harmonized Tariff Schedules.


Jean F. Maguire
Area Director

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