CLA-2 CO:R:C:T NLP

John C. Haryett, President
A.P.T. Industries Ltd.
No.1, Wessex Place, 2620
22 St. N.E. Calgary, Alberta T2E 7L9

RE: Partially printed lottery tickets; heading 4911; Explanatory Notes to heading 4911; U.S.-Canada Free-Trade Agreement; General Note 3(c)(vii)(B), (L) and (R); goods originating in the territory of Canada and/or the U.S.

Dear Mr. Haryett:

This is in response to your letter of December 22, 1992, in which you inquired as to whether partially printed lottery tickets from Canada are eligible for preferential treatment under the U.S.-Canada Free-Trade Agreement (CFTA).

FACTS:

The articles at issue are lottery tickets that are made from recycled U.S. paper products. They are partially printed in Canada and will be shipped to your affiliate company in Oregon.

ISSUES:

1) What is the classification of the partially printed lottery tickets under the Harmonized Tariff Schedule of the United States (HTSUS)? 2) Are the partially printed lottery tickets eligible for preferential treatment under the CFTA?

LAW AND ANALYSIS:

CLASSIFICATION

The classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI's may be applied, taken in order.

Heading 4911, HTSUS, provides for "[o]ther printed matter, including printed pictures and photographs." The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) to heading 4911 state, on page 699, that this heading "covers all printed matter... of this Chapter... but not more particularly covered by any of the preceding headings of the Chapter." The ENs state that this heading includes "[c]inema, theatre, concert, railway and other tickets." The partially printed lottery tickets are not covered by any of the preceding headings of Chapter 49, HTSUS, and as they are printed matter, they are classifiable in this heading. The tickets are classified in subheading 4911.99.6000, HTSUS, which provides for "[o]ther printed matter, including printed pictures and photographs: [o]ther: [o]ther: [o]ther: [p]rinted on paper in whole or in part by a lithographic process." If the tickets are printed by another process, they are classified in subheading 4911.99.8000, HTSUS, which provides for [o]ther printed matter, including printed pictures and photographs: [o]ther: [o]ther: [o]ther: [o]ther."

U.S.-CANADA FREE-TRADE AGREEMENT APPLICABILITY General Note 3(c)(vii) to the HTSUS sets forth the terms and conditions in which the CFTA applies. To be eligible for tariff preferences under the CFTA, goods must be "originating goods" within the rule of origin in General Note 3(c)(vii)(B), HTSUS, which provides:

For the purposes of subdivision (c)(vii) of this note, goods imported into the customs territory of the United States are eligible for treatment as "goods originating in the territory of Canada" only if--

(1) they are goods wholly obtained or produced in the territory of Canada and/or the United States, or

(2) they have been transformed in the territory of Canada and/or the United States, so as to be subject--

(I) to a change in tariff classification as described in the rules of subdivision (c)(vii)(R) of this note, or (II) to such other requirements subdivision (c)(vii)(R) of this note may provide when no change in tariff classification occurs, and they meet the other conditions set out in subdivision (c)(vii)(F),(G), (H), (I), (J) and (R) of this note.

A product which is wholly obtained or produced in the territory of Canada and/or the U.S is one which is grown, mined, harvested, born and raised in Canada and/or the U.S., or otherwise intimately connected to the two countries and their land, air and sea territories as defined in General Note 3(c)(vii)(L)(1-8), HTSUS. Moreover, goods produced in the territory of Canada and/or the U.S. exclusively from goods grown, mined, harvested, etc... in Canada and/or the U.S., or from their derivatives, at any stage of production, are also considered to be wholly obtained or produced in Canada and/or the U.S. Based on the information provided, the partially printed lottery tickets are considered "goods originating in the territory of Canada" as they are wholly obtained and produced in the U.S. and Canada. The tickets are made of paper sourced from the U.S and the manufacture and printing is done in Canada.

If it is determined that the partially printed lottery tickets are not considered "originating goods" pursuant to General Note 3(c)(vii)(B)(1), HTSUS, we would consider them to be "originating goods" pursuant to General Note 3(c)(vii)(B)(2), HTSUS. Specifically, the relevant provision in General Note 3(c)(vii)(R), HTSUS, reads:

Change in Tariff Classification Rules (10) Section X: Chapters 47 through 49.

(aa) A change from one chapter to another

On importation into Canada, the paper would be classified in Chapter 48, HTSUS, which provides for "[p]aper and paperboard: articles of paper pulp, of paper or of paperboard." After the lottery tickets are manufactured and printed, they would be classifiable in Chapter 49, HTSUS. This is a change in classification which results in a recognized transformation under the CFTA. Therefore, the lottery tickets would be considered of Canadian origin for purposes of the CFTA and would be entitled to preferential treatment under the CFTA.

HOLDING:

If the partially printed lottery tickets are printed on paper in whole or in part by a lithographic process they are classified in subheading 4911.99.6000, HTSUS, which provides for: [o]ther printed matter, including printed pictures and photographs: [o]ther: [o]ther: [o]ther: [p]rinted on paper in whole or in part by a lithographic process." The rate of duty is 0.4% ad valorem.

If the partially printed lottery tickets are printed by another process, other than lithographic, they are classified in subheading 4911.99.8000, HTSUS, which provides for "[o]ther printed matter, including printed pictures and photographs: [o]ther: [o]ther: [o]ther: [o]ther." The rate of duty is 4.9% ad valorem.

As the partially printed lottery tickets are considered "goods originating in the territory of Canada" in accordance with General Note 3(c)(vii)(B), HTSUS, they are eligible for preferential duty treatment under the CFTA. Articles classified in the above subheadings that originate in Canada are entitled to entry free of duty under the CFTA, upon compliance with all applicable regulations.

Sincerely,

John Durant, Director