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 0113220

Previous Ruling Next Ruling


HQ 113220


September 28, 1994

BOR-4-07-CO-R-IT-C 113220 GOB

CATEGORY: CARRIER

J.D. Price
Gallaher Limited
P.O. Drawer 187
212 E. Mulberry Street
Goldsboro, North Carolina 27533-0187

RE: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Woven polypropylene bags
Dear Mr. Price:

This is in response to your letter dated September 1, 1994.

FACTS:

You request that certain items described as woven polypropylene bags be designated as instruments of international traffic within the meaning of 19 CFR 10.41a.

You state:

We are importing bags into the United States, filling them with unmanufactured tobacco and then exporting them to the United Kingdom. The tobacco is emptied from the bags and returned again. This process is repeated approximately five or six times per bag.

You further state that the dimensions of these bags are 112 centimeters by 73 centimeters by 65 centimeters. You estimate that you use approximately 12,000 of these bags annually.

ISSUE:

Whether the subject items 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. Instruments so designated are also stated to be duty-free in subheading 9803.00.50, Harmonized Tariff Schedule of the United States.

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 woven polypropylene bags meet the requirements to be designated as instruments of international traffic.

HOLDING:

The subject woven polypropylene bags 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

See also: