• Type : Entry • HTSUS :

REC-1/CLA-1-RR:IT:EC 114440 GOB

Elizabeth Janie Vann, Esq.
600 Sunland Park Drive
Suite 2-100
El Paso, Texas 79912

RE: Bank checks; Monetary instruments; 31 U.S.C. 5316; General Note 16(c), HTSUS; Business records; Subheading 4911.99.8000, HTSUS; Subheading 9801.00.1010, HTSUS

Dear Ms. Vann:

This is in response to your ruling request of July 15, 1998, which was received in this office on approximately July 28, 1998, on behalf of Electronic Data Management International, Inc. ("EDM").

FACTS:

You describe the pertinent facts as follows:

EDM, through its Mexican subsidiary, EDM del Norte, S. de R.L. de C.V., Cd. Juarez, Chih., Mexico, provides data processing services to various companies located throughout the United States, including remittance processing of payments made to EDM's customers ("Payees") by the Payees' various customers. In connection with such data processing services, EDM proposes to export bank checks from El Paso to its Mexican subsidiary's facility in Cd. Juarez for processing and then return them to the United States through the Port of El Paso, Texas, after processing.

Specifically, EDM will receive from Payees (for whom EDM provides data processing services) unopened letters containing customer account statements and payment checks drawn on U.S. banks by customers of Payees and made out to Payees. EDM will transport the unopened letters to Mexico for processing after which the bank checks will be returned to the United States. Some of these letters may also contain correspondence and/or cash, although cash payments should be rare and for small amounts. Such correspondence and/or cash also would be returned to the United States after processing.

In Mexico, the letters will be opened and payment amounts data-entered and posted electronically to the customers [sic] accounts. Copies (i.e., electronic images) of the checks will also be made by means of an electronic scanning process. The original checks will be endorsed in Mexico "For deposit only to the account of [name and account number of the appropriate Payee]." The endorsed checks will then be returned to the U.S. for deposit into Payees' bank accounts and for Federal Reserve System clearance.

You stated telephonically that the subject checks are not endorsed when they are sent to Mexico.

ISSUES:

1. Whether the above-described bank checks are monetary instruments subject to the reporting requirements of 31 U.S.C. 5316?

2. Whether the above-described bank checks are business records within the meaning of General Note 16(c), Harmonized Tariff Schedule of the United States ("HTSUS") or are otherwise classified?

LAW AND ANALYSIS:

Issue One

31 U.S.C. 5316 provides for the filing of a report upon the transportation of monetary instruments of more than $10,000 at one time "from a place in the United States to or through a place outside the United States; or to a place in the United States from or through a place outside the United States."

31 U.S.C. 5312(a)(3) provides:

"Monetary instruments" means-

(A) United States coins and currency; and

(B) as the Secretary may prescribe by regulation, coins and currency of a foreign country, travelers' checks, bearer negotiable instruments, bearer negotiable securities, bearer investment securities, bearer securities, stock on which title is passed on delivery, and similar material.

(C) as the Secretary of the Treasury shall provide by regulation for purposes of section 5316, checks, drafts, notes, money orders, and other similar instruments which are drawn on or by a foreign financial institution and are not in bearer form.

31 CFR 103.11(u) provides:

Monetary instruments. (1) Monetary instruments include:

(i) Currency;

(ii) Traveler's checks in any form;

(iii) All negotiable instruments (including personal checks, business checks, official bank checks, cashier's checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) that are either in bearer form, endorsed without restriction, made out to a fictitious payee (for the purposes of 103.23), or otherwise in such form that the title thereto passes upon delivery;

(iv) Incomplete instruments (including personal checks, business checks, official bank checks, cashier's checks, third-party checks, promissory notes (as that term is defined in the Uniform Commercial Code), and money orders) signed but with the payee's name omitted; and

(v) Securities or stock in bearer form or otherwise in such form that title thereto passes upon delivery.

It is our determination that the bank checks described in this ruling (see the FACTS section) are not "monetary instruments" as that term is defined in 31 U.S.C. 5312(a)(3) and 31 CFR 103.11(u) because they do not fall within any of the categories described in those provisions. They are not bearer negotiable instruments within the meaning of 31 U.S.C. 5312(a)(3)(B), nor are they negotiable instruments within the meaning of 31 CFR 103.11(u)(1)(iii).

Accordingly, the above-described bank checks are not reportable pursuant to 31 U.S.C. 5316.

Issue Two

General Note 16, HTSUS, provides in pertinent part:

Exemptions. For the purposes of general note 1- ... (c) records, diagrams and other data with regard to any business, engineering or exploration operation whether on paper, cards, photographs, blueprints, tapes or other media, ... are not goods subject to the provisions of the tariff schedule.

We find that the subject checks are not business records within the meaning of General Note 16(c), and are therefore not exempt from the requirement of entry or the payment of duty. Uncashed checks do not constitute business records. Once the checks are cashed, they become business records. Prior to their being cashed, they are evidences of value. General Headnote 5 of the Tariff Schedules of the United States (the predecessor to the HTSUS) provided exemptions similar to those found in current General Note 16. However, two of those exemptions were not carried over into General Note 16: currency in current circulation, and securities and similar evidences of value.

Heading 4907 pertains to:

Unused postage, revenue or similar stamps of current or new issue in the country to which they are destined; stamp-impressed paper; banknotes; check forms; stock, share or bond certificates and similar documents of title.

We find that the subject bank checks are not described by any of the items contained in heading 4907. The Explanatory Notes for heading 4907 state that check forms are blank forms. Therefore, the subject checks are not check forms.

We find that the subject bank checks are classifiable under subheading 4911.99.8000, HTSUS, which is a basket provision providing for other printed matter. Subheading 4911.99.8000, HTSUS, carries a column 1 general rate of duty of 2.9 percent.

We note that if the subject checks were printed in the United States, and upon compliance with the documentation requirements of 19 CFR 10.1, they would appear to be eligible for duty-free treatment under subheading 9801.00.1010, HTSUS, which pertains to:

Products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad..... Articles previously exported with intent to reimport after temporary use abroad....

HOLDINGS:

1. The bank checks described in this ruling are not "monetary instruments" as that term is defined in 31 U.S.C. 5312(a)(3) and 31 CFR 103.11(u).

2. The bank checks described in this ruling are not business records within the meaning of General Note 16(c). They are classifiable under subheading 4911.99.8000, HTSUS, at a column 1 general rate of duty of 2.9 percent. If the bank checks were printed in the U.S., they appear to be eligible for duty-free treatment under subheading 9801.00.1010, HTSUS, upon compliance with the documentation requirements of 19 CFR 10.1.


Sincerely,

Jerry Laderberg
Chief,
Entry Procedures and Carriers
Branch