BOR-7-07-CO:R:IT:C 112836 DEC
Mr. Arthur J. Bianchi
Navtrans International Freight Forwarding Incorporated
700 Rockaway Turnpike - Fourth Floor (Room 405)
Lawrence, New York 11559
RE: Instruments of International Traffic; IIT; Plastic Reel; 19
U.S.C. 1322; 19 C.F.R. 10.41a.
Dear Mr. Bianchi:
This is in reference to your July 8, 1993, correspondence with
the United States Customs Service in which you requested a ruling
designating plastic reels as instruments of international traffic.
FACTS:
Corning Incorporated uses plastic reels with covers to ship
glass fiber internationally. Re-Source America Incorporated will
control the international movement of the glass fiber on behalf of
Corning. You submitted an instruction sheet detailing the procedure
in which Corning glass fiber customers need to follow to return the
plastic reels and covers to Re-Source America for re-use. Re-
Source America is requesting a ruling designating the above-
referenced items as instruments of international traffic pursuant to
Title 19, United States Code, section 1322 (19 U.S.C. 1322) and
Title 19, Code of Federal Regulations, section 10.41a (19 C.F.R.
10.41a) because the plastic reels and covers will be returned to
the United States empty to be used again to ship more glass fiber
overseas.
ISSUE:
Whether the described plastic reels may be considered
instruments of international traffic within the meaning of 19 U.S.C.
1322(a) and section 10.41a of the U.S. Customs Regulations (19
C.F.R. 10.41a).
LAW AND ANALYSIS:
Title 19, United States Code, section 1322(a) provides that:
[V]ehicles 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
-2-
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)(1993).
Title 19, Code of Federal Regulations, section 10.41a
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 10.41a. 19 C.F.R.
10.41a(1)(1993).
To qualify as an "instrument of international traffic" within
the meaning of 19 U.S.C. 1322(a) and the regulations 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).
Upon reviewing the request and accompanying documentation, we
are of the opinion that the requirements of establishing instrument
of international traffic status have been met. See T.D. 71-159
(1971 and T.D. 75-212 (1975). More specifically, the plastic reels
and covers in question appear to be substantial, suitable for and
capable of repeated use, and used in significant numbers in
international traffic.
HOLDING:
The plastic reels used to transport glass fiber are hereby
designated as instruments of international traffic within the
meaning of 19 U.S.C. 1322(a) and 19 C.F.R. 10.41a and may be
released without entry or the payment of duty.
Sincerely,
Arthur P. Schifflin
Chief
Carrier Rulings Branch