BOR-7-07-CO:R:IT:C 112705 DEC

Ms. Jeanne Thompson
IKEA Wholesale, Incorporated
Plymouth Commons
Plymouth Meeting, Pennsylvania 19462

RE: Instruments of International Traffic; IIT; Pallets; 19 U.S.C. 1322; 19 C.F.R. 10.41a.

Dear Madam:

This is in response to your April 7, 1993, correspondence with the District Director of Customs in Philadelphia, Pennsylvania. Your letter was forwarded to the Office of Regulations and Rulings - Carrier Rulings Branch where it was received as a request for a determination of whether certain pallets made of wood, particleboard, or cardboard are instruments of international traffic pursuant to 19 U.S.C. 1322(a) and 19 C.F.R. 10.41a.

FACTS:

IKEA Wholesale U.S., Inc. ("IKEA Wholesale") is a Delaware corporation and is a part of the IKEA Group. IKEA Wholesale is an importer of thousands of home and office furnishings. The merchandise is commonly imported on various pallets made of wood, particleboard or cardboard. Approximately 99% of the merchandise arriving in the U.S. is received at either of two terminals in Westampton, New Jersey or Ontario, California (letter from IKEA to U.S. Customs (May 18, 1993) (on file with U.S. Customs - Office of Regulations and Rulings).

From the terminals, the merchandise is designated as Normal/Transit articles or Plock articles. Normal/transit articles are those that the IKEA U.S. retail stores order the exact quantity that was originally shipped from Europe on a particular pallet. In contrast, Plock articles, which comprise approximately 90% of the goods imported on pallets, are articles that the IKEA U.S. retail stores can order various quantities regardless of the original received quantity on the pallet.

The pallets are designed for stacking in any IKEA warehouse worldwide. IKEA Wholesale is responsible for the tracking and the return of the reusable pallets to an established pool. Currently, IKEA Wholesale is in the process of returning a

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significant number of pallets to Sweden. IKEA now seeks a determination that these pallets are instruments of international traffic in light of their probable return to the United States.

ISSUE:

Whether the described pallets may be considered instruments of international traffic within the meaning of 19 U.S.C. 1322(a) and 19 C.F.R. 10.41a.

LAW AND ANALYSIS:

Title 19, United States Code, section 1322(a) provides that:

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.

19 U.S.C. 1322(a) (1992).

Title 19, Code of Federal Regulations, section 10.41a specifically designates lift vans, cargo vans, shipping tanks, skids, pallets, caul boards, and cores for textile fabrics as instruments of international traffic. Additionally, this section 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 section 10.41a. 19 C.F.R. 10.41a(1) (1992).

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).

The designation of a container as an instrument of international traffic becomes operative only when it is used as such upon its arrival into this country in foreign trade. If the holder or container is brought into the country by a party other than the one who is using it as an instrument of international trade, it is subject to entry as imported merchandise.

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Upon reviewing the submitted evidence, Customs is satisfied that the requirements of establishing instrument of international traffic status have been met. More specifically, the pallets in question appear to be substantial, suitable for and capable of repeated use, and used in significant numbers in international traffic.

However, 19 C.F.R. 10.41a(d) provides that if an instrument is

. . .diverted to point-to point local traffic within the United States, or is otherwise with- drawn in the United States from its use as an instrument of international traffic, it becomes subject to entry and the payment of any applicable duties.

19 C.F.R. 10.41a(d)(1992).

Consequently, the focus of the regulations is to provide guidance to determine when an item, which would otherwise be an instrument of international traffic, is diverted making it subject to entry and duty.

The Normal/Transit articles which are shipped from a foreign port on a pallet, taken to one of the two warehouses, and then shipped on the same pallet to a retail store is a use of the pallet that the regulations contemplate for an instrument of international traffic. Similarly, the rare shipments from a foreign port directly to a retail store on a pallet is a use in international traffic which would not require entry and the payment of duty.

The Plock articles, which IKEA has indicated constitutes approximately ninety percent of the goods imported on pallets (letter from IKEA to U.S. Customs, May 18, 1993), are articles which the IKEA retail stores can order in various quantities regardless of the original quantity received on a particular pallet. The diversion and corresponding liability to enter and pay duty on the pallets arises when a pallet that is not the identical pallet on which the merchandise being transported entered the U.S. is used to move merchandise in local traffic from a U.S. point to another U.S. point.

The pallets may be admitted as instruments of international traffic and will retain their status so long as they are not used for a purpose which is inconsistent with their use in international traffic, such as storage of merchandise. Headquarters Ruling 106944 (Sept. 18, 1984). Therefore, storage of merchandise on a pallet other than the pallet on which the merchandise entered the U.S. would result in the pallet losing its IIT status. Liability to enter the pallets and pay duty pursuant to the regulations would arise.

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HOLDING:

The pallets used to transport IKEA home and office furnishings are instruments of international traffic pursuant to 19 C.F.R. 10.41a and may be released without entry or the payment of duty. However, 19 C.F.R. 10.41a(d) - 10.41a(i) mandates entry and payment of duty when the instruments of international traffic (i.e. pallets) are diverted to local traffic or otherwise withdrawn from its use in international traffic under circumstances such as outlined in the Law and Analysis portion of this ruling.

Sincerely,

Acting Chief
Carrier Rulings Branch