[Code of Federal Regulations]
[Title 39, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 39CFR320.7]

[Page 149-150]
 
                        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

[[Page 150]]

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

[45 FR 59874, Sept. 11, 1980]