CLA-2 CO:R:C:M 088170 CMS
Ms. Elsbeth G. Eddy
Chief, Minerals and Metals Section
Foreign Trade Division
United States Department of Commerce
Bureau of the Census
Washington, D.C. 20233
RE: Drums; Barrels; Tanks; Casks; Cans; Boxes; Containers;
Trash Cans; Storage Bins; Clearly Suitable For Repetitive
Use; GRI 5(b)
Dear Ms. Eddy,
This is in response to your request dated October 25, 1990,
for a ruling on the classification of certain drums and barrels.
Our ruling follows.
FACTS:
The merchandise consists of certain drums and barrels
which are entered filled with products such as juices or
vegetables. After importation the drums and barrels are not
reused for shipping purposes, but are used as trash cans and
storage bins in warehouses and plants. Some of the containers
are reported separately on the Customs entry and are classified
separately in provisions for containers such as 7310.10.00,
HTSUSA.
ISSUE:
Are the drums and barrels "clearly suitable for repetitive
use" pursuant to GRI 5(b)?
LAW AND ANALYSIS:
General Rule of Interpretation (GRI) 5(b) provides:
Subject to the provisions of rule 5(a) above, packing
materials and packing containers entered with the goods
therein shall be classified with the goods if they are of
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a kind normally used for packing such goods. However, this
provision does not apply when such packing materials or
packing containers are clearly suitable for repetitive use.
The use of juice and vegetable containers as trash cans and
storage bins after importation is not a "repetitive use"
pursuant to GRI 5. The "repetitive use" described by the second
sentence of GRI 5(b) is the use to which GRI 5 containers are
put, i.e., as containers in which goods are packed at the time of
entry; such containers are normally the containers in which
goods are shipped and are clearly suitable for repetitive use as
shipping containers.
From the description provided we cannot state whether the
particular containers referred to in your letter are clearly
suitable for repetitive use. However, it is clear that proving
that the containers are clearly suitable for repetitive use as
trash cans and storage bins after importation does not establish
that they are "clearly suitable for repetitive use" pursuant to
GRI 5(b). The containers under consideration cannot be reported
separately on the Customs entry and classified separately on the
basis that they are used as trash cans and storage bins after
importation. Unless GRI 5(b) containers are not of a kind
normally used for packing the goods therein, or are clearly
suitable for repetitive use as containers in which goods are
shipped, they must be classified with the goods therein pursuant
to the language of GRI 5(b).
It should be noted that the applicable standard for
"clearly suitable for repetitive use" is not that the containers
could possibly be reused. The second sentence of GRI 5(b)
provides that to be classified separately, containers must be
clearly suitable for repetitive use. One type of container that
is clearly suitable for repetitive use, as provided by the
Explanatory Notes to GRI 5(b), p. 7, is a container of iron or
steel for compressed or liquefied gas.
Some of the circumstances in which containers are properly
classified in provisions for containers such as Heading 7310 are
when they are not entered with goods therein, are not normally
used for packing the goods therein, or are "clearly suitable for
repetitive use" as containers in which the goods are entered.
HOLDING:
The mere establishing that containers in which juices and
vegetables are normally entered, are used as trash cans and
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storage bins after importation, is not sufficient for
classifying the containers separately pursuant to GRI 5(b), under
provisions for containers such as 7310.10.00, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division