CON-9-13 CO:R:C:E 224681 TLS

Ms. Susan McCabe
The Hipage Company, Inc.
P.O. Box 3158
Norfolk, Virginia 23514

RE: Request for ruling concerning possible temporary importation bond (TIB) entry; Harmonized Tariff Schedule of the United States Annotated (HTSUSA) subheading 9813.00.55.

Dear Ms. McCabe:

This office has received the above-referenced request for a binding ruling as provided for under Customs regulations. We have considered the request and have made the following decision.

FACTS:

Your company wishes to import on behalf of another company various molds free of duty temporarily under bond. The molds are to be used to manufacture plastic household articles such as canisters, salad bowls, laundry baskets, etc. The parent company, which is 50% U.S.-owned, will retain ownership of the molds.

ISSUE:

Whether molds may be entered under TIB as articles of special design for temporary use.

LAW AND ANALYSIS:

Under HTSUSA subheading 9813.00.55, the following is provided for:

Articles of special design for temporary use exclusively in connection with the manufacture or production of articles for export.............. (Emphasis added.)

Articles fitting the above description may be entered under TIB in accordance with Note 1 of Subchapter XIII, Chapter 98, HTSUSA. Note 1 provides for the following:

The articles described in the provisions of this subchapter, when not imported for sale or for sale on approval, may be admitted into the United States without the payment of duty, under bond for their exportation within 1 year from the date of importation, which period, in the discretion of the Secretary of the Treasury, may be extended, upon application, for one or more further periods which, when added to the initial 1 year, shall not exceed a total of 3 years... (Emphasis added.)

There is no mention of whether the manufactured products are to exported. As noted above, the articles must be produced exclusively for export. Since there is no indication that the molds would be used exclusively to produce articles for export, we find that the molds would not be eligible for admission into the United States under TIB as articles of special design. Based on the evidence presented, we find that the molds could not be admitted free of duty under any other provision of Chapter 98.

HOLDING:

The molds are not eligible to be entered under temporary importation bond as articles of special design for temporary use exclusively in connection with the manufacture or production of articles for export.

Sincerely,

John Durant, Director
Commercial Rulings Division