CON-9-04-RR:IT:EC 227077 GEV

Alfred R. De Angelus
De Angelus, Schaffer & Associates
1455 Pennsylvania Avenue, N.W.
Suite 1150
Washington, D.C. 20004

RE: Printed Lottery Material from Canada; Headings 4811, 4911, HTSUS; TIB; FTZ; 19 U.S.C.  1305

Dear Mr. De Angelus:

This is in response to your letter dated June 27, 1996, on behalf of BABN Technologies, Inc. ("BABN"), requesting a ruling on the treatment of printed paper materials imported from Canada to be further processed into lottery tickets in the United States for export to Russia and other countries. Our ruling on this matter is set forth below.

FACTS:

On November 7, 1995, the U.S. Customs Service seized approximately 13,000 feet of paper rolls at Champlain, New York, which BABN attempted to import into the United States from Canada. BABN received notice of the seizure on November 15, 1995, for an alleged violation of 19 U.S.C.  1305. The seized merchandise was invoiced as "aluminum printed rolls" and consisted of sheets of printed aluminum combined with paper. The merchandise was subsequently released and returned to Canada.

At the time of seizure, the merchandise had only undergone the first of four operations necessary for the processing of material into completed lottery tickets (i.e., the printing of a graphic background on the material). The three remaining operations (i.e., the printing of images and other variable information such as the game identification and security codes, the application of a latex scratch-off gum on the variable information, and the cutting of the sheets and packaging into ticket booklets) were to be performed in the United States.

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It is the position of BABN that notwithstanding the prohibitions set forth in 19 U.S.C.  1305, the subject merchandise should be allowed entry into the United States under subheadings 4811.39.2000 and 4811.90.2000, Harmonized Tariff Schedule of the United States (HTSUS), or subheading 4911.99.8000, HTSUS. In the alternative, it is contended that this merchandise be admitted under a Temporary Importation Bond or into a Foreign Trade Zone.

ISSUE:

Whether the importation into the United States from Canada of printed paper materials for further processing into lottery tickets is prohibited by 19 U.S.C.  1305.

LAW AND ANALYSIS:

Section 305 of the Tariff Act of 1930, as amended (19 U.S.C.  1305), generally provides that the importation into the United States of certain articles deemed to be immoral, including lottery material from any country, is prohibited. The Customs regulation promulgated pursuant to 19 U.S.C.  1305 is found at title 19, Code of Federal Regulations,  145.51 (19 CFR  145.51).

On January 2, 1988, the United States and Canada entered into a bilateral reciprocal free trade area agreement called the United States-Canada Free-Trade Agreement ("CFTA"). The CFTA became law on September 28, 1988, pursuant to the United States-Canada Free-Trade Agreement Implementation Act of 1988 (the "Act"), Pub. L. 100-449, 102 Stat. 1851. Section 206 of the Act provided that, effective January 1, 1993,  305(a) of the Tariff Act of 1930 (19 U.S.C.  1305(a)) was amended to provide that this section shall not apply to any lottery ticket, printed paper that may be used as a lottery ticket, or advertisement of any lottery, that is printed in Canada for use in connection with a lottery conducted in the United States. Pursuant to Treasury Decision (T.D.) 92-80, published in the Federal Register on August 20, 1992 (57 FR 37702), 19 CFR  145.51 was amended to conform to 19 U.S.C.  1305, so that, effective January 1, 1993, this regulatory provision will not prohibit the importation of certain lottery matter printed in Canada for use in connection with a lottery conducted in the United States.

Accordingly, in view of the fact that the above-cited statutory and regulatory authority does not prohibit the importation of certain lottery material imported from Canada for use in connection with a lottery conducted in the United States, it is our position that such authority does not bar the importation of the printed lottery material under consideration which will be exported subsequent to final processing into lottery tickets in the United States. In this regard we note that Customs has previously allowed the importation of partially printed lottery tickets from Canada pursuant to the CFTA without regard to the prohibitions set forth in 19 U.S.C.  1305. (Headquarters Ruling letter 953232, dated April 20, 1993)

With respect to the alternative methods by which you suggest the subject merchandise may enter the United States, we offer the following comments.

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The classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, then according to the remaining GRIs, taken in order.

In the instant case, there exists two chapters in which the goods may be potentially classified: to wit, chapter 48 and chapter 49. Chapter 48 provides for, among other things, printed paper. The general notes to the Explanatory Notes to chapter 48 state, among other things, that "[t]his [c]hapter includes printed papers...provided that the printing is merely incidental to the use of the paper for wrapping, writing, etc., and that the goods do not constitute printed matter of [c]hapter 49..." Within chapter 48, heading 4811 provides for, among other things, rolls of printed paper, coated or covered with plastics. The Explanatory Notes to heading 4811 state that this heading includes, among other things, "[p]aper...printed with motifs, characters or pictorial representations merely incidental to their primary use and not constituting printed matter of Chapter 49..." On the other hand, chapter 49 provides for printed matter. The general notes to the Explanatory Notes to chapter 49 state, in part, that "this [c]hapter covers all printed matter of which the essential nature and use is determined by the fact of its being printed with motifs, characters or pictorial representations...[with the exception of]...goods...in which the printing is merely incidental to their primary use..."

The lack of a detailed description of the subject merchandise in your letter and/or the lack of a sample precludes us from rendering a definitive ruling at this time as to its classification under the above-discussed provisions of the HTSUS. Should you seek such a ruling, you should direct your request to the Chief, Textiles Branch, Office of Regulations and Rulings, at Customs Headquarters, providing the aforementioned description and/or sample.

With respect to the admission of this merchandise temporarily under bond, subheading 9813.00.05, HTSUS, provides for duty-free importation under bond for merchandise to be repaired, altered, or processed in the United States, provided it is not imported for sale on approval and that it is exported in a timely manner. (See U.S. Note 1(a) of Subchapter XIII, Chapter XXII, HTSUS, and 19 CFR  10.37. The processing can be a relatively minor procedure or extensive enough to be considered a manufacture or production. This provision requires that the imported merchandise be exported or destroyed within one year of the date of importation. (Subchapter XIII, U.S. Note 1(a))

Accordingly, since the entry of the subject merchandise is not restricted as discussed above, its admission into the United States temporarily under bond is a viable alternative provided there is compliance with the applicable Customs procedures. (See 19 CFR  10.31, 10.37-10.40) Likewise, the use of a foreign trade zone (FTZ) in bringing this merchandise into the United States is also feasible as long as there is adherence to the Customs regulations governing FTZs set forth in 19 CFR Part 146.

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HOLDING:

The importation into the United States from Canada of printed paper materials for further processing into lottery tickets is not prohibited by 19 U.S.C.  1305.

Sincerely,

Chief
Entry and Carrier Rulings Branch