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HQ 110279


August 28, 1989

BOR 7-07-CO:R:P:C 110279 BEW

CATEGORY: CARRIER

Mr. Billy Potts
Bill Potts and Company
1314 Texas Avenue
Houston, Texas 77002

RE: PVC/Textile "super bags" as instruments of international traffic (IIT)

Dear Mr. Potts:

This is in reference to your letter May 22, 1989, in which you ask that we classify certain PVC/Textile "super bags" as instruments of international traffic (IIT).

FACTS:

You state that Maxwell House Division, General Foods Corporation is in the process of moving green coffee beans from the United States to Canada. The coffee is transported via "super bags". You state that these bags are made of PVC/Textile and each holds approximately 2000 green beans. The bags will be emptied and returned to the United States where they will be refilled and again exported. The bags will be used repeatedly until they are no longer serviceable. The port of entry will be Houston.

ISSUE:

Whether the described PVC/Textile bags used for the transportation of coffee beans may be treated as instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and section 10.41a, Customs Regulations.

LAW AND ANALYSIS:

Section 322(a), Tariff Act of 1930, as amended (19 U.S.C. 1322(a)), provides that "[v]ehicles and other instruments of international traffic, of any class specified by the Secretary 2
of the Treasury, shall be granted the customary exceptions from the application of the customs laws to the extent and subject to such terms and conditions as may be prescribed in regulations or instructions of the Secretary of the Treasury."

The Customs Regulations issued under the authority of section 322(a) are in section 10.41a (19 CFR 10.41a). Paragraph (a)(1) of section 10.41a designates as instruments of international traffic lift vans, cargo vans, shipping tanks and certain other named articles and states that other articles may be designated as instruments of international traffic by the Commissioner of Customs in decisions to be published in the weekly Customs Bulletin. These instruments of international traffic may be released without entry or the payment of duty, subject to the provisions of section 10.41a.

To qualify as an "instrument of international traffic" within the meaning of section 322(a), Tariff Act of 1930, as amended (19 U.S.C. 1322(a)), and the regulations issued thereunder (19 CFR 10.41a et seq.), an article must be used as a container or holder. The article must be substantial, suitable for and capable of repeated use, and used in significant numbers in international traffic.

We find that the "super bags" under consideration are capable of being used as containers or 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 "super bags" under consideration are similar to woven polypropylene bags which were designated as instruments of international traffic in Treasury Decision 76-171 (woven polypropylene bags, used for the transportation of dry chemicals), and Treasury Decision 68-4 (collapsible nylon container capable of holding zinc dust or similar material).

The "super bags" qualify for treatment as IITs and may be released under the procedures set forth in 19 CFR 10.41a (copy enclosed).
3

HOLDING :

The PVC/Textile "super bags" under consideration qualify for treatment as instruments of international traffic and may be released under the procedures set forth in section 10.41a, Customs Regulations.

Sincerely,

B. James Fritz

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