BOR-4-07-RR-IT-EC 226681 GOB
Doug Dennis
A.N. Deringer, Inc.
P.O. Box 43, Route 37
Massena, New York 13662
RE: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR
10.41a;
Postal shipping bins
Dear Mr. Dennis:
This is in response to your letter dated January 3, 1996 on
behalf of Amsterdam Products Ltd ("Amsterdam").
FACTS:
You request that certain postal shipping bins ("bins") be
designated as instruments of international traffic within the
meaning of 19 CFR 10.41a. Two types of bins are involved.
You have submitted one of the bins as a sample. This bin,
known as a "lettertainer", consists of a plastic container and a
plastic top. The top is affixed to the container. The bin is
597 mm long, 305 mm wide, and 178 mm deep. It has a capacity of
up to 11 kilograms of mail. The bin's shipping weight is 1.8
kilograms.
The second type of bin, known as a "flats tub," is
constructed from ultrasonically welded, corrugated plastic with a
wire reinforcement. It is 495 mm long at the top, 389 mm long at
the bottom, 292 mm wide at the top, 250 mm long at the bottom,
and 301 mm deep. This bin has a load capacity of 16 kilograms.
The bin's shipping weight is .85 kilograms.
In a letter dated November 7, 1995, Amsterdam states that it
sends the bins, filled with "admail," from its Canada office to
its Amsterdam, New York office, where the
admail is prepared and sorted before being returned to Canada in
the bins. Amsterdam states that the bins are on loan to it from
the Canada Post Corporation.
You advise that the annual usage of these bins is
approximately 15,000.
ISSUE:
Whether the subject items may be designated as instruments
of international traffic within the meaning of 19 U.S.C. 1322(a)
and 19 CFR 10.41a.
LAW AND ANALYSIS:
19 U.S.C. 1322(a) states in part:
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.
The Customs Regulations issued under the authority of 19
U.S.C. 1322 are contained in 19 CFR 10.41a. 19 CFR 10.41a(a)(1)
designates lift vans, cargo vans, shipping tanks, skids, pallets,
caul boards, and cores for textile fabrics as instruments for
international traffic.
19 CFR 10.41a(a)(1) also authorizes the Commissioner of
Customs to designate as instruments of international traffic such
additional articles or classes of articles as he shall find
should be so designated. Instruments so designated may be
released without entry or the payment of duty, subject to the
provisions of 19 CFR 10.41a. Instruments so designated are also
stated to be duty-free in subheading 9803.00.50, Harmonized
Tariff Schedule of the United States.
To qualify as an instrument of international traffic within
the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a, 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
Headquarters decisions 108084, 108658, 109665, and 109702.
After a review of the information submitted, we determine
that both types of the postal shipping bins meet the requirements
to be designated as instruments of international traffic. The
bins are substantial, suitable for and capable of repeated use,
and used in significant numbers in international traffic.
HOLDING:
The two types of postal shipping bins, the lettertainer and
the flats tub, are designated as instruments of international
traffic within the meaning of 19 U.S.C. 1322(a) and 19 CFR
10.41a.
Sincerely,
Director,
International Trade Compliance
Division