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HQ 113279




November 23, 1994
BOR-4-07-CO-R-IT-C 113279 GOB

CATEGORY: CARRIER

Jonathan M. Fee, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman 1201 West Peachtree Street, N. E.
Suite 4860
Atlanta, Georgia 30309

RE: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Cylindrical cores, hubs, and end boards Dear Mr. Fee:

This is in response to your letter dated November 18, 1994 on behalf of Maxell Corporation of America ("MCA").

FACTS:

You request that certain cylindrical cores, hubs, and end boards be designated as instruments of international traffic within the meaning of 19 CFR 10.41a.

Your letter states:

The articles are cylindrical cores, hubs, and end boards. The cores are approximately four feet in length and five inches in diameter. The hubs are plastic caps that fit snugly in either end of the cores. The end boards are square pieces of plywood, approximately five-eighths inches thick and two and one half feet on each side. Each end board has a hole in the center with a diameter equal to the diameter of a hub. The articles are used to ship sheets of magnetic video tape that are approximately four feet in width and 10,000 meters in length. The tape is rolled on the core for shipment from the country of manufacture, Japan, to the United States.

Each roll of tape uses one core, two hubs and two end boards. The end boards are placed at either end of the core. The hubs are inserted through the holes in the end boards and fitted in the ends of the core to secure the end boards to the core. The result is an "I" shaped structure. The tape is rolled on
the core and the end boards protect the rolled edges of the tape on each side.
...
The articles are extremely durable and suitable for reuse. In fact, MCA has observed that they are so durable that they are capable of virtually infinite, continuous use. ...
MCA estimates that it will import approximately 1,200 rolls of tape during each month of calendar 1994, each of which will be shipped on a core with two end boards and two hubs.

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 cylindrical cores, hubs, and end boards, when used together as described supra, meet the requirements to be designated as instruments of international traffic.

HOLDING:

The cylindrical cores, hubs, and end boards, when used together as described supra, 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

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