HQ 560811


February 11,1998

MAR-05 RR:TC:SM 560811 BLS

Mr. Joe A. Estrada
Rudolph Miles & Sons, Inc.
4950 Gateway East
El Paso, Texas 79983

RE: Applicability of subheading 9801.00.10, HTSUS, to steel screws inserted into carrier strips

Dear Mr. Estrada:

This is in reference to your letter dated January 8, 1998, on behalf of Stanley-Bostitch, Inc. ("Stanley"), requesting a ruling concerning the applicability of subheading 9801.00.10, Harmonized Tariff Schedule of the United States (HTSUS), to steel screws inserted into slotted plastic carrier strips.

FACTS:

You advise that Stanley intends to produce carrier reels in Mexico. The operations in Mexico will be as follows:

Steel screws, slotted plastic carrier strips and spools are exported to Mexico. All of these items are of U.S.-origin. In Mexico, the screws are automatically inserted into the slotted plastic carrier strip which is then wound onto the spool creating a carrier reel. (A sample of the carrier reel was submitted with the ruling request.)

The carrier reels are used in the U.S. specifically with pneumatic hand held screw inserter tools. The carrier reel acts as a cartridge holder to automatically feed the screws into a pneumatic hand tool manufactured by Stanley. Upon activation of the pneumatic screw inserter and driver, the plastic carrier strip aligns the next screw in its proper position for insertion. After the screw has been used, each section of the plastic carrier strip is automatically trimmed off and discarded.

- 2 -

ISSUE:

1) Whether the screws are eligible for duty-free treatment under subheading 9801.00.10, HTSUS, upon return from Mexico.

2) Whether the carrier reel into which the screws are inserted is considered a packing container to be classified with its contents.

LAW AND ANALYSIS:

Subheading 9801.00.10, HTSUS, provides for the free entry of products of the U.S. that have been exported and returned without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, provided the documentary requirements of section 10.1, Customs Regulations (19 CFR 10.1), are met. In United States v. John V. Carr & Sons, Inc., 69 Cust. Ct. 78, C.D. 4377, 347 F. Supp. 1390 (1972), 61 CCPA 52, C.A.D. 1118, 496 F.2d 1225 (1974), the court stated that absent some alteration or change in the item itself, the mere repackaging of the item even for the purpose of resale to the ultimate consumer, is not sufficient to preclude the merchandise from being classified under item 800.00, Tariff Schedules of the United States (TSUS) (the precursor to subheading 9801.00.10, HTSUS).

In Headquarters Ruling letter (HRL) 555577 (June 19, 1990), chip capacitors were sent to Mexico where they were tested for physical defects, marked with an alphanumeric color code to identify the capacitance, placed into the slotted piece of paper carrier tape, covered with a plastic film for protection, and then wound onto a plastic reel. Upon completion of these operations, the chip capacitors were exported to the U.S. In that case, we found that the operations performed in Mexico were simple packaging operations which did not advance the value or improve the condition of the chips. See also HRL 556131 (October 28, 1991).

Similarly, we find that the operations performed in Mexico in which the screws are inserted into the slotted plastic carrier strip which is then wound onto the spool creating a carrier reel, does not advance the value or improve the condition of the screws, but merely packages them for use with a pneumatic screw inserter tool. Accordingly, the screws are entitled to duty-free treatment upon return from Mexico, provided the documentary requirements of 19 CFR 10.1 are satisfied. The secondary issue which we must now address is whether the imported carrier reel is considered a packing container to be classified with the goods upon entry.

- 3 -

General Rule of Interpretation (GRI) 5(b), HTSUS, provides that packing materials and packing containers entered with the goods therein shall be classified with the goods if they are of a kind normally used for packing the goods. This provision does not apply when the packing materials or containers are "clearly suitable for repetitive use."

Thus, packing containers of GRI 5(b) which are not "of a kind normally used for packing such goods" are usually classified separate from their contents. GRI 5(b) is the successor provision to General Headnote and Rule of Interpretation 6(b)(i) of the prior tariff, the Tariff Schedules of the United States (TSUS), which concerned "containers of usual types ordinarily sold at retail with their contents."

In Crystal Clear Industries v. United States, 18 C.I.T. 47 (1994), the Court of International Trade treated GRI 5(b), HTSUS, and General Headnote and Rule of Interpretation 6(b)(i), Tariff Schedules of the United States (TSUS), as largely analogous provisions. In that decision, the Court cited with approval the legislative history relating to General Headnote and Rule of Interpretation 6(b)(i), TSUS:

The concept of "usual" containers includes a variety of containers such as plastic envelopes for carrying rainwear when not in use, cases designed for electric shavers, and tobacco tins, which may continue to be used by the purchaser to "house" the original contents but which, when that purpose has been fulfilled, are usually discarded because of their lack of durability or their general unsuitability for other uses. On the other hand, this concept does not include containers, even though sold at retail with their contents, if such containers are designed to have significant uses quite apart from their original contents. For example, humidors filled with tobacco, miniature cedar chests containing cigars or candy, and doll houses filled with confections would not be regarded as "usual" containers. Citing H.R. Rep. No. 342, 89th Cong., 1st Sess., at 5. Thus a "usual" container (or containers "of a kind normally used for packing" under the HTSUS) is generally discarded when its original purpose has been fulfilled as it is insubstantial or is unsuitable for other uses. A container is not "of a kind normally used for packing" when it possesses independent commercial appeal and adds significantly to the value of the

- 4 -

goods. See, e.g., HRL 085766 dated February 1, 1990 (bubble bath container).

In the instant case, the carrier reel is used as a container to feed the screws into the pneumatic screw inserter tool. After each screw has been used, that section of the carrier strip carrying the screw is automatically trimmed off and discarded. Therefore, the carrier reel can have no other use after application, as it becomes scrap material and is thrown away.

Accordingly, we find that the carrier reels are packing containers "of a kind normally used for packing the goods" within the meaning of GRI 5(b), HTSUS, and as a result these materials will be classified with their contents upon entry.

HOLDING: U.S.-origin screws sent to Mexico for insertion in a carrier reel to be used upon return with a pneumatic screw inserter tool are not advanced in value or improved in condition as a result of the operations performed abroad. Accordingly, the screws are entitled to duty-free treatment under subheading 9801.00.10, HTSUS, upon return from Mexico, provided the documentary requirements of 19 CFR 10.1 are satisfied. Under GRI 5(b), HTSUS, the carrier reel is considered a packing container normally used for packing the goods, and therefore is classified with its contents under subheading 9801.00.10, HTSUS. A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,


John Durant,
Director
Commercial
Rulings Division