BOR-7-07-CO:R:IT:C 112735 DEC
Ms. Sande S. Nowakowski, LCHB
Trans American CHB, Incorporated
2775 Broadway
Buffalo, New York 14227-1043
RE: Instruments of International Traffic; IIT; Truck
Saddle; 19 U.S.C. 1322; 19 C.F.R. 10.41a.
Dear Ms. Nowakowski:
This is in reference to your June 30, 1993, correspondence with
the Office of Regulations and Rulings - Carrier Rulings Branch in
which you requested a ruling to classify truck saddles that are
designed for holding truck cabs together to assist in their
transport.
FACTS:
Hook Up, Incorporated, a Canadian company, uses "saddles" to
connect new truck cabs piggy back while hauling them into the United
States. The cabs are being imported into the United States and do
not contain merchandise. Once the truck cabs are delivered to a
dealer in the United States, they are shipped back to Hook Up's
terminal to be re-used.
ISSUE:
Whether the described truck saddles may be considered
instruments of international traffic within the meaning of 19 U.S.C.
1322(a) and section 10.41a of the U.S. Customs Regulations (19
C.F.R. 10.41a).
LAW AND ANALYSIS:
Title 19, United States Code, section 1322(a) provides that:
[V]ehicles 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.
19 U.S.C. 1322(a) (1992).
-2-
Title 19, Code of Federal Regulations, section 10.41a
authorizes the Commissioner of Customs to designate other items as
instruments of international traffic in decisions to be published in
the weekly Customs Bulletin. Once designated as instruments of
international traffic, these items may be released without entry or
the payment of duty, subject to the provisions of 10.41a. 19 C.F.R.
10.41a(1) (1993).
To qualify as an "instrument of international traffic" within
the meaning of 19 U.S.C. 1322(a) and the regulation promulgated
pursuant thereto (19 C.F.R. 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. (See generally Headquarters Decisions 103232,
104766, 108084, 108658, 109665, and 109702).
Upon reviewing the request and accompanying documentation, we
are of the opinion that the requirements of establishing instrument
of international traffic status have been met. More specifically,
the saddles in question appear to be substantial, suitable for and
capable of repeated use, and used in significant numbers in
international traffic.
HOLDING:
The saddles used to transport truck cabs piggy back are hereby
designated as instruments of international traffic within the
meaning of 19 U.S.C. 1322(a) and 19 C.F.R. 10.41a and may be
released without entry or the payment of duty.
Sincerely,
Acting Chief
Carrier Rulings Branch