HQ 113174: Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR 10.41a; NEO-FRESH Fabricated Intermediate Bulk Containers

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                              HQ 113174

                            August 8, 1994


BOR-4-07-CO:R:IT:C  113174 GOB

CATEGORY:  Carriers

Mr. Dale Sherrard
34125 Sherrard Lane
Charlotte, Maine 04666

RE:  Instruments of International Traffic; 19 U.S.C. 1322; 19 CFR
     10.41a; NEO-FRESH Fabricated Intermediate Bulk Containers

Dear Mr. Sherrard:

     This is in response to your letter dated July 19, 1994.

FACTS:

     You request that your product, NEO-FRESH fabricated
intermediate bulk containers ("containers"), be designated as
instruments of international traffic within the meaning of 19
U.S.C. 1322 and 19 CFR 10.41a.  

     You describe the containers as follows.  They are made of
woven polypropylene material and are 48 inches by 44 inches by 44
inches.  You contemplate commencing use of the containers within
the next few months to transport fish in connection with your
business, Chet's Transport Inc.  In 1995, you anticipate that
approximately 200-300 of the containers will be used on your 15
trucks.  Ultimately, it is possible that you will sell the
containers to other businesses for their use.

     The containers are a double walled, modified version of a
single walled, fabricated intermediate bulk container being used
in the United States and Canada.

ISSUE:

     Whether the NEO-FRESH fabricated intermediate bulk containers
may be designated as instruments of international traffic within
the meaning of 19 U.S.C. 1322(a) and 19 CFR 10.41a.





                              - 2 -

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.

      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
the NEO-FRESH fabricated intermediate bulk containers to be used
by Chet's Transport Inc. meet the requirements to be designated as
instruments of international traffic.

HOLDING:

     The NEO-FRESH fabricated intermediate bulk containers to be
used by Chet's Transport Inc. are designated as instruments of
international traffic within the meaning of 19 U.S.C. 1322(a) and
19 CFR 10.41a.



                              Sincerely,



                              Arthur P. Schifflin
                              Chief