NY 864921: The tariff classification of "Loto Professional Baseball"Game Card, from Canada.

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.

                        
                              NY 864921

                             JUL 16 1991


CLA-2-48:S::N1:234 864921  

CATEGORY:  Classification


Mr. Yvon Lemaire
Tag Publications
138 Lafleur
Lasalle, Quebec, 
Canada H8R 3G9

RE:  The tariff classification of "Loto Professional Baseball"
Game Card,     from Canada.

Dear Mr. Lemaire:

     In your letter dated July 3, 1991, you requested a tariff
classification ruling.       
  
     You have faxed us a photocopy of the "Loto Professional
Baseball (c)" card, along with the conditions of play, and the
Rules.  The card is a "scratch out" sheet with printed outcomes
of an "at Bat" of a baseball game.  The card is normally
purchased at the game ($2. is the stated price), and prizes are
awarded to players whose "at bat" on the card matches the actual
performance of the baseball players on the field.

     In our opinion, the "Loto Professional Baseball (c)" game is
a lottery, having the requisite features of a consideration, a
chance, and a prize.  The card is, for tariff purposes, "printed
paper that may be used as a lottery ticket", and as such is
prohibited from entry into the United States from any foreign
country. (19 U.S.C. 1305).

     Under this circumstance we feel it is inappropriate to
provide you with a tariff classification and rate of duty, since
the game cards, if they are attempted to be entered, shall be
subject to seizure and forfeiture.


                                   Sincerely,

                                   
  
                                   Jean F. Maguire
                                   Area Director
                                   New York Seaport