BOR 7-07-CO:R:P:C 110279 BEW
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
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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 "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).
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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
Chief
Carrier Rulings Branch
Enclosure