BOR 7-07-CO:R:P:C 109696 BEW
Mr. Charles E. Hurst
Sea and Land Shipping, Inc.
601 Twiggs Street
Tampa, Florida 33602
RE: Polypropylene bags as instruments of international traffic
(IIT)
Dear Mr. Hurst:
This is in reference to your memorandum dated August 17,
1988, requesting that certain polypropylene "Mini Bags" be
designated as instruments of international traffic (IIT).
FACTS:
You state that your client will ship approximately 2305
polypropylene bags annually into the United States. The bags
are made of heavy duty polypropylene fabric. You state that
the bags are top of the range multistrip bags and, therefore
are stronger than the normal polypropylene bag. You state that
the polypropylene bags will be used for fertilizer elements and
will hold one metric ton. You state that the special ink used
to number each bag is specially designed to have maximum
adherence to the poly bags, and that you expect a minimum of 2
years legibility. You state that the port of entry is Oakland,
California, and the port of departure is Tampa, Florida.
ISSUE:
Whether the heavy duty polypropylene bags used for the
transportation of fertilizer elements may be designated 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
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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 bags under consideration are woven heavy
duty polypropylene bags capable of being used as a container or
holder, 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 woven
polypropylene 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, and used for the transportation of dry
chemicals), and Treasury Decision 68-4 (collapsible nylon
container capable of holding zinc dust or similar material).
The designation of a container or holder as an IIT becomes
effective only when used as such upon its arrival in this
country in foreign trade, either empty or with merchandise. If
the holder or container is brought into the country by a party
other than the one who is using it as an IIT, it is subject to
entry as imported merchandise. The principal on the IIT bond
is the party who is using the holder or container as an IIT.
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HOLDING:
The heavy duty polypropylene 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
Chief
Carrier Rulings Branch
CO:R:P:C:BEWhiting:9/9/88