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HQ 109973


April 7, 1989

VES 3-02 CO:R:P:C 109973 BEW X Ref 109963 BEW

CATEGORY: CARRIER

Mr. Robert A. Dewey
Direct Express, Inc.
500 Carson Plaza Drive
Carson, California 90746

RE: "Auto Ramps" as instruments of international traffic (IIT)

Dear Mr. Dewey:

This is in reference to your letters of January 6, 11, and 17 and March 15, 1989, in which you ask that certain "auto ramps" for holding automobiles in containers be classified as instruments of international traffic.

FACTS:

The "auto ramps" are made of steel and will be used repeatedly in the shipment of automobiles. The ramp enables one to load three or four automobiles in a standard 40' container instead of the usual 2 automobiles. The expected lifetime of the ramps is 3 to 5 years. The ramps measure 12 feet by 7 feet 8 and 1/2 inches by 5 feet and can be folded and stacked. The ramps presently have no identifying marks, but identifying marks and serial numbers can be easily applied either in the United States or by the manufacturer. You state that you expect to bring in 100 per month during the current year. They will enter the United States at the ports of Los Angeles and Long Beach, California.

LAW AND ANALYSIS:

To qualify as an IIT within the meaning of section 1322(a), title 19, United States Code, and the regulations issued thereunder (19 CFR 10.41a) an article must be used as a container or holder of merchandise moving in the foreign trade of the United States. The article must be used in significant numbers in international traffic. It must be substantial and suitable for and capable of repeated use.

We find that the ramps under consideration may be used as holders, that they are substantial, suitable for and capable of repeated use, and that they will be used in significant numbers in international traffic. We further find that the ramps are similar in use and/or function to automotive frame spacers of metal which were designated IIT's in Treasury Decision 69-220 (automotive frame spacers of metal used for holding automobile frames on railroad cars and keeping them from contact with each other); metal dollies which were designated IIT's in Treasury Decision 71-10 (metal dollies, specifically designed for the transportation of aircraft engines); and steel carts and racks used for the transportation of truck covers which were designated IIT's in Treasury Decision 77-21 (steel carts and racks, which are placed on the carts, used for the transportation of truck covers).

HOLDING:

The ramps under consideration may be brought into the country as "instruments of international traffic," as discussed under "LAW AND ANALYSIS." They may be released under the procedures in section 10.41a of the Customs Regulations.

Sincerely,

B. James Fritz

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