BOR-4-07-CO-R-IT-C 113041 GOB

Regina Hamilton
Controller
Raymond Industrial Equipment Ltd.
P.O. Box 1325
Brantford, Ontario, Canada N3T 5T6

RE: Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR 10.41a. Dear Ms. Hamilton:

This is in response to your letter dated March 9, 1994, which requested that certain items be designated as instruments of international traffic within the meaning of 19 CFR 10.41a. By letter dated May 20, 1994 additional information with respect to the items was provided to Customs.

FACTS:

The items are described as follows:

1. 22 Piston/Ram Pans - wooden crates or shipping containers are placed inside these items to reduce movement; eight to ten feet in length; stackable; grey in color; of steel construction.

2. Six Carts (also known as "Beanie Carts") - used to transport electrical merchandise; approximately ten feet in length; on wheels; black in color; of steel construction.

3. Five Steel Modules - used to transport electrical merchandise; four feet wide, slightly less than seven feet high; with shelves; with three sides screened above the bottom three feet; on wheels; black in color; of steel construction.

4. 16 Motor Tables or Stands (also known as "Bulldog Carts") - five feet in length; stackable; 13 black and three yellow in color; of steel construction.

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5. 16 Box Sides/Wooden Crates or Skids with Wrappers - pallets/skids with sides to transport pre-assembled kits; 42 inches by 36 inches by 16 inches; stackable; of wood construction. 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:

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 all of the items listed above are not to be designated as instruments of international traffic because they are not used in significant numbers in international traffic.

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HOLDING:

The subject items are not designated as instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a because they are not used in significant numbers in international traffic.

Sincerely,

Arthur P. Schifflin
Chief