BOR-4-07-CO:R:IT:C 113135 GOB

Mary Elizabeth Strom
Radix Group International, Inc.
5510 West 102nd Street
Los Angeles, California 90045

RE: Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Containers; Refrigerators; Parts

Dear Ms. Strom:

This is in response to your letter dated May 10, 1994 on behalf of Mitsubishi Heavy Industries America Inc. ("Mitsubishi").

FACTS:

Certain containers used by Mitsubishi have been designated as instruments of international traffic. Prior to importation of the containers, refrigeration units are permanently installed within the containers. You request a ruling with respect to spare parts which Mitsubishi is importing for the repair of the refrigeration units. You request that, pursuant to 19 CFR 10.41, these parts be entitled to duty-free treatment and excepted from formal entry requirements as parts and accessories for containers which have been designated as instruments of international traffic under subheading 9803.0050, Harmonized Tariff Schedule of the United States.

ISSUE:

Whether the parts to be imported for the repair of the refrigeration units within the containers are entitled to duty- free treatment and excepted from formal entry requirements.

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

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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 of 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.

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.

19 CFR 10.41a(a)(2) states:

Repair components, accessories, and equipment for any container of foreign production which is an instrument of international traffic may be entered or withdrawn from warehouse for consumption without the deposit of duty if the person making the entry or withdrawal from warehouse files a declaration that the repair component was imported to be used in the repair of a container of foreign production which is an instrument of international traffic, or that the accessory or equipment is for a container of foreign production which is an instrument of international traffic. The district director must be satisfied that the importer of the repair component, accessory, or equipment had the declared intention at the time of importation.

After a consideration of the facts of this case, we make the following determinations.

The refrigeration units are an integral part of the containers which have been designated as instruments of international traffic. The parts which Mitsubishi proposes to import fall within the scope of 19 CFR 10.41a(a)(2). Accordingly, the parts may be entered duty-free pursuant to 19 CFR 10.41a(a)(2). However, entry of the parts must be made by Mitsubishi.

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HOLDING:

The parts may be entered duty-free provided Mitsubishi files the declaration required pursuant to 19 CFR 10.41a(a)(2). Mitsubishi is required to make entry of the parts.

Sincerely,

Arthur P. Schifflin
Chief
Carrier Rulings Branch