BOR-7-07 CO:R:IT:C 112399 JBW
Richard A. Lidinsky, Jr.
Vice President
Government Affairs
Sea Containers America Inc.
700 13th Street, N.W.
Washington, D.C. 20005
RE: Instruments of International Traffic; IIT; Shipping Tanks;
Designation of Container or Holder; 19 U.S.C. 1322; 19
C.F.R. 10.41a.
Dear Mr. Lidinsky:
This letter is in response to your request for a ruling on
the release of shipping tanks in the United States as instruments
of international traffic.
FACTS:
Sea Containers brought into the United States ten new tank
containers that will be used for the carriage of appropriate
cargo in international traffic. The tank containers will not be
used for domestic storage or transportation. You state that
United States Customs officials, citing regulations that require
the specific designation of instruments of international traffic
in the Customs Bulletin, did not permit the release of the tanks
as instruments of international traffic.
ISSUE:
Whether an article must be specifically designated in the
Customs Bulletin before it may be released in the United States
as an instrument of international traffic.
LAW AND ANALYSIS:
Title 19, United States Code, section 1322(a), provides:
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 regulation or
instructions of the Secretary of the Treasury.
19 U.S.C. 1322(a) (1988). The Customs regulations issued under
the authority of this section are contained in 19 C.F.R. 10.41a
(1992). The regulations specifically designate lift vans, cargo
vans, shipping tanks, skids, pallets, caul boards, and cores for
textile fabrics as instruments of international traffic. 19
C.F.R. 10.41a(a)(1). The regulations also authorize the
Commissioner of Customs to designate in the Customs Bulletin
other articles or classes of articles as instruments of
international traffic. Id.
Shipping tanks are explicitly designated by regulation as
instruments of international traffic. The provision in the
regulation that requires publication in the Customs Bulletin
relates only to "additional" articles or classes of articles not
already designated. If a container or holder is identical or
similar to an article or class of articles already designated as
an instrument of international traffic, the regulations do not
require a formal ruling on the designation of any specific
container or holder. Thus, we conclude that the tank containers
under consideration, if properly characterized as "shipping
tanks" to the satisfaction of local Customs officials, are not
required to be specifically listed in the Customs Bulletin as
instruments of international traffic.
We stress, however, that if Customs officials do not believe
that the tanks qualify as instruments of international traffic,
then formal designation would be required. This situation may
arise, for example, if the local Customs officials believe that
the tanks may be used in domestic commerce. 19 C.F.R.
10.41a(d).
HOLDING:
An article is not required to be specifically designated as
an instrument of international traffic in the Customs Bulletin
before it may be released in the United States as an instrument
of international traffic if such article is identical or similar
to an article or class of articles already so designated.
Sincerely,
Acting Chief