BOR-4-07-CO-R-IT-C 113407 GOB

Ben L. Irvin, Esq.
Aitken, Irvin & Lewin
1709 N Street, N.W.
Washington, D.C. 20036

RE: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Woven polypropylene bags

Dear Mr. Irvin:

This is in response to your letter dated April 14, 1995 on behalf of B.A.G. International, S.A. de C.V.

FACTS:

You request that certain items described as woven polypropylene bags be designated as instruments of international traffic within the meaning of 19 CFR 10.41a.

You state:

Sample bulk bag number 1 measures 48 inches in height, and is square with each of the four side panels measuring 36 inches...The capacity of bag number 1 is approximately 40 cubic feet.

Sample bulk bag number 2 measures 36 inches in height, and is square in configuration. The four side panels measure 36 inches each...The capacity of bag number 2 is approximately 30 cubic feet.

The subject woven polypropylene bags are reusable flexible intermediate bulk containers for shipping and handling dry-flowable, semi-bulk materials. The bags are capable of multiple uses, such as to transport foodstuffs, fertilizers, chemicals, clay polypropylene pellets, and so forth.

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The woven polypropylene bags are of sufficient strength and durability to make repeat trips. We conservatively estimate that these woven polypropylene bags are capable of 8 to 10 trips.

You state that B.A.G. International expects to use between 1,000,000 and 1,500,000 woven polypropylene bags annually.

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 the woven polypropylene bags meet the requirements to be designated as instruments of international traffic.

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HOLDING:

The subject woven polypropylene bags are designated as instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a.

Sincerely,

Arthur P. Schifflin
Chief
Carrier Rulings Branch