HQ 0113174 - Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR 10.41a; NEO-FRESH Fabricated Intermediate Bulk Containers - United States International Trade Commision Rulings

United States International Trade Commision Rulings And Harmonized Tariff Schedule

faqs.org Rulings By Number Rulings By Category Tariff Numbers

faqs.org > Rulings and Tariffs Home > Rulings By Number > 1994 HQ Rulings > HQ 0113064 - HQ 0113255 > HQ 0113174

HQ 113174

August 8, 1994

BOR-4-07-CO:R:IT:C 113174 GOB

CATEGORY: CARRIER

Mr. Dale Sherrard
34125 Sherrard Lane
Charlotte, Maine 04666

RE: Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR 10.41a; NEO-FRESH Fabricated Intermediate Bulk Containers

Dear Mr. Sherrard:

This is in response to your letter dated July 19, 1994.

FACTS:

You request that your product, NEO-FRESH fabricated intermediate bulk containers ("containers"), be designated as instruments of international traffic within the meaning of 19 U.S.C. 1322 and 19 CFR 10.41a.

You describe the containers as follows. They are made of woven polypropylene material and are 48 inches by 44 inches by 44 inches. You contemplate commencing use of the containers within the next few months to transport fish in connection with your business, Chet's Transport Inc. In 1995, you anticipate that approximately 200-300 of the containers will be used on your 15 trucks. Ultimately, it is possible that you will sell the containers to other businesses for their use.

The containers are a double walled, modified version of a single walled, fabricated intermediate bulk container being used in the United States and Canada.

ISSUE:

Whether the NEO-FRESH fabricated intermediate bulk containers may be designated as instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a.

LAW AND ANALYSIS:

19 U.S.C. 1322(a) states in part:

Vehicles and other instruments of international traffic, of any class specified by the Secretary of the Treasury, shall be excepted from the application of the customs laws to such 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 19 U.S.C 1322 are contained in 19 CFR 10.41a. 19 CFR 10.41a(a)(1) designates lift vans, cargo vans, shipping tanks, skids, pallets, caul boards, and cores for textile fabrics as instruments for international traffic.

19 CFR 10.41a(a)(1) also authorizes the Commissioner of Customs to designate as instruments of international traffic such additional articles or classes of articles as he shall find should be so designated. Instruments so designated may be released without entry or the payment of duty, subject to the provisions of 19 CFR 10.41a.

To qualify as an instrument of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a, 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. See Headquarters decisions 108084, 108658, 109665, and 109702.

After a review of the information submitted, we determine that the NEO-FRESH fabricated intermediate bulk containers to be used by Chet's Transport Inc. meet the requirements to be designated as instruments of international traffic.

HOLDING:

The NEO-FRESH fabricated intermediate bulk containers to be used by Chet's Transport Inc. are designated as instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a.

Sincerely,

Arthur P. Schifflin
Chief

Previous Ruling Next Ruling