BOR-4-07-CO-R-IT-C 113220 GOB
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:
- 2 -
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