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NY B85792




May 30, 1997

CLA-2-84:RR:NC:1:110 B85792

CATEGORY: CLASSIFICATION

TARIFF NO.: 8470.90.0090

Mr. Kenneth A. Cutshaw
Smith, Gambrell & Russell, LLP
3343 Peachtree Road, N.E., Suite 1800
Atlanta, GA 30326-1010

RE: The tariff classification of a Ticket Machine from France

Dear Mr. Cutshaw:

In your letter dated May 16, 1997, on behalf of Scientific Games, Inc., you requested a tariff classification ruling.

The merchandise under consideration involves a model IJ 100M lottery ticket machine that is basically a machine that issues and validates lottery tickets at the retail level.

The Ticket Machine issues tickets and calculates the number of tickets and validates certain winning tickets. The ticket machine will function on-line when connected with a host computer with appropriate software. This lottery terminal consists of a unit that incorporates a keyboard, LCD display, magnetic bar code reader, and a separate thermal printer that prints out the lottery ticket. It incorporates 4MB of read/write memory, and incorporates an on-line packet switched network.

Although this device can validate and print lottery tickets, its principal function appears to be for ticket issuing. Noting the Explanatory Notes to the HTS, heading 84.70, this Ticket Machine appears to be comparable to those used on racecourses for issuing betting tickets.

The applicable subheading for the Ticket Machine will be 8470.90.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for ticket-issuing machines and similar machines. The rate of duty will be 2.7 percent ad valorem.

A review of 19 U.S.C. 1305 indicates that this statute prohibits the importation of lottery matter. Noting C.R 145.51 (5), lottery manner, except 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 U.S., are articles prohibited by section 305, Tariff Act of 1930. Since this provision appears to be limited to printed matter, the importation of the Ticket Machine would not appear to be prohibited merchandise under 19 U.S.C. 1305.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Art Brodbeck at 212-466-5490.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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