VES 3-02 CO:R:P:C 109973 BEW X Ref 109963 BEW
Mr. Robert A. Dewey
Direct Express, Inc.
500 Carson Plaza Drive
Carson, California 90746
RE: "Auto Ramps" as instruments of international traffic (IIT)
Dear Mr. Dewey:
This is in reference to your letters of January 6, 11, and
17 and March 15, 1989, in which you ask that certain "auto ramps"
for holding automobiles in containers be classified as
instruments of international traffic.
FACTS:
The "auto ramps" are made of steel and will be used
repeatedly in the shipment of automobiles. The ramp enables one
to load three or four automobiles in a standard 40' container
instead of the usual 2 automobiles. The expected lifetime of the
ramps is 3 to 5 years. The ramps measure 12 feet by 7 feet 8 and
1/2 inches by 5 feet and can be folded and stacked. The ramps
presently have no identifying marks, but identifying marks and
serial numbers can be easily applied either in the United States
or by the manufacturer. You state that you expect to bring in
100 per month during the current year. They will enter the
United States at the ports of Los Angeles and Long Beach,
California.
LAW AND ANALYSIS:
To qualify as an IIT within the meaning of section 1322(a),
title 19, United States Code, and the regulations issued
thereunder (19 CFR 10.41a) an article must be used as a container
or holder of merchandise moving in the foreign trade of the
United States. The article must be used in significant numbers
in international traffic. It must be substantial and suitable
for and capable of repeated use.
- 2 -
We find that the ramps under consideration may be used as
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 ramps are
similar in use and/or function to automotive frame spacers of
metal which were designated IIT's in Treasury Decision 69-220
(automotive frame spacers of metal used for holding automobile
frames on railroad cars and keeping them from contact with each
other); metal dollies which were designated IIT's in Treasury
Decision 71-10 (metal dollies, specifically designed for the
transportation of aircraft engines); and steel carts and racks
used for the transportation of truck covers which were designated
IIT's in Treasury Decision 77-21 (steel carts and racks, which
are placed on the carts, used for the transportation of truck
covers).
HOLDING:
The ramps under consideration may be brought into the
country as "instruments of international traffic," as discussed
under "LAW AND ANALYSIS." They may be released under the
procedures in section 10.41a of the Customs Regulations.
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch