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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

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