HQ 113407: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Woven polypropylene bags

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 113407

                              April 25, 1995                                                      
BOR-4-07-CO-R-IT-C  113407 GOB          
                                        
CATEGORY:   Carriers

Ben L. Irvin, Esq.
Aitken, Irvin & Lewin
1709 N Street, N.W.
Washington, D.C. 20036    

RE:  Instruments of international traffic; 19 U.S.C. 1322; 19 CFR     10.41a; Woven  polypropylene bags

Dear Mr. Irvin:          

     This is in response to your letter dated April 14, 1995 on
behalf of B.A.G. International, S.A. de C.V.

FACTS:

     You request that certain items described as woven
polypropylene bags be designated as instruments of international
traffic within the meaning of 19 CFR 10.41a.

     You state:

     Sample bulk bag number 1 measures 48 inches in height, and is
square with    each of the four side panels measuring 36
inches...The capacity of bag number     1 is approximately 40 cubic
feet.

     Sample bulk bag number 2 measures 36 inches in height, and is
square in      configuration.  The four side panels measure 36
inches each...The capacity of      bag number 2 is approximately 30
cubic feet.

     The subject woven polypropylene bags are reusable flexible
intermediate bulk   containers for shipping and handling dry-flowable, semi-bulk materials.  The    bags are capable of
multiple uses, such as to transport foodstuffs, fertilizers,     chemicals, clay polypropylene pellets, and so forth.

     

                              - 2 -

     The woven polypropylene bags are of sufficient strength and
durability to make  repeat  trips.  We conservatively estimate that
these woven polypropylene bags are      capable of 8 to 10 trips.

     You state that B.A.G. International expects to use between
1,000,000 and 1,500,000 woven polypropylene bags annually.

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
the woven polypropylene bags meet the requirements to be designated
as instruments of international traffic. 

                              - 3 -

HOLDING:

     The subject woven polypropylene bags 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
                              Carrier Rulings Branch