BOR-7-07 CO:R:IT:C 111580 JBW
Mr. W. Nozato
Sumitomo Corporation of America
New York Chemical Division
345 Park Avenue
New York, New York 10154
RE: Instruments of International Traffic; Cylinders; Chemical;
19 U.S.C. 1322.
Dear Mr. Nozato:
This letter is in response to your letter of March 6, 1991,
in which you request a ruling that certain cylinders be
designated as instruments of international traffic. Our ruling
is set forth below.
FACTS:
Sumitomo Corporation (Sumitomo) intends to use reusable,
seamless steel cylinders for the transportation of freon gas (R-
116). You state that the cylinders, filled with freon gas, will
be exported to Japan, emptied at their destination, and returned
to the United States for reuse. The average shipment will
contain twenty cylinders. The life span of a cylinder is
approximately thirty years. The cylinders are manufactured by
Norris Cylinders in Longview, Texas.
ISSUE:
Whether steel cylinders used for the transportation of freon
gas may be designated as instruments of international traffic
within the meaning of 19 U.S.C. 1322(a) and 19 C.F.R.
10.41a(a).
LAW AND ANALYSIS:
Title 19, United States Code, section 1322(a), provides:
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 regulation or
instructions of the Secretary of the Treasury.
19 U.S.C. 1322(a) (1988). The Customs regulations issued under
the authority of this section are contained in 19 C.F.R. 10.41a
(1990). The regulations specifically designate lift vans, cargo
vans, shipping tanks, skids, pallets, caul boards, and cores for
textile fabrics as instruments of international traffic. 19
C.F.R. 10.41a(a)(1). The regulations also authorize the
Commissioner of Customs to designate other items as instruments
of international traffic. Id.
To qualify as an instrument of international traffic within
the meaning of 19 U.S.C. 1322(a) and the regulations promulgated
pursuant thereto, an article must be a container or holder of
merchandise moving in the foreign trade. The article must be
substantial, suitable for and capable of repeated use, and used
in significant numbers in international traffic. E.g.,
Headquarters Ruling Letter 111073, dated August 16, 1990.
We find that the seamless steel cylinders used for the
transportation of freon gas meet the above criteria. The
cylinders, being made of steel, are of substantial construction.
With a life of approximately thirty years, they are suitable for
and capable of repeated use. Frequent shipments of twenty
cylinders indicate that they will be used in significant
numbers. Finally, the Customs Service has previously ruled that
steel cylinders used for the transportation of chemicals similar
to those under consideration qualify as instruments of
international traffic. T.D. 74-299, 8 Cust. B. & Dec. 572
(1974); T.D. 73-290, 7 Cust. B. & Dec. 812 (1973).
HOLDING:
Steel cylinders used for the transportation of freon gas
are designated as instruments of international traffic within
the meaning of 19 U.S.C. 1322(a) and 19 C.F.R. 10.41a(a).
Sincerely,
B. James Fritz
Chief
Carrier Rulings Branch