[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR320.7]

[Page 164-165]
 
                        TITLE 39--POSTAL SERVICE
 
                 CHAPTER I--UNITED STATES POSTAL SERVICE
 
PART 320--SUSPENSION OF THE PRIVATE EXPRESS STATUTES--Table of Contents
 
Sec. 320.7  Suspension for advertisements accompanying parcels or periodicals.

    (a) The operation of 39 U.S.C. 601(a) (1) through (6) and 
Sec. 310.2(b) (1) through (6) of this chapter is suspended on all post 
routes for advertisements enclosed with merchandise in parcels or 
accompanying periodicals under the following circumstances:
    (1) The advertisements must not be marked with the names or 
addresses of the intended recipients.
    (2) The advertisements must be incidental to the shipment of the 
merchandise or the periodical.
    (i) An advertisement is incidental to the shipment of the 
accompanying merchandise or the periodical when the merchandise or the 
periodical has been ordered by or would otherwise be sent to the 
recipient even without the accompanying advertisement.
    (ii) Notwithstanding Sec. 320.7(a)(2)(i), an advertisement is not 
incidental to the merchandise when the pertinent circumstances, such as 
the nominal value of the merchandise, its shipment on an unsolicited 
basis, or its status as a sample, reasonably indicate that the shipper's 
primary purpose is the conveyance of the advertisement itself and that 
the merchandise is merely an adjunct to the advertisement.
    (b) An item is an advertisement if its primary purpose is to cause 
or induce

[[Page 165]]

the purchase of goods or services from the shipper or others.

[45 FR 59874, Sept. 11, 1980]