HQ 110161: "Security Container Seals" as Instruments of International Traffic

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 110161

                                May 18, 1990

BOR-7-07-CO:R:P:C 110161 RAH

CATEGORY: Carriers

Mr. William E. Vajda
Manager, Marine Department.
Daniel F. Young, Inc.
17 Battery Place North
New York, New York 10004

RE: "Security Container Seals" as Instruments of International
     Traffic

Dear Mr. Vajda:

     This is in response to your letter of March 21, 1989, in
which you request that certain security container seals be
designated as instruments of international traffic.

FACTS:

     Your letter advises that the seals are used exclusively for
the sealing of containers on in-bound shipments and sometimes on
export loads leaving the United States. They have no real
commercial value and are used to meet security and Customs
requirements.  They are only good for a one-time use.

LAW AND ANALYSIS:

     To qualify as an "instrument of international traffic"
within the meaning of section 322(a), Tariff Act of 1930, as
amended (19 U.S.C. 1322(a)), an article must be used as a
container or holder of merchandise moving in the foreign trade of
the United States. The article must be suitable for and capable
of repeated use, and must be used in significant numbers in
international traffic.

     In the instant case, the security container seals in
question are used exclusively for the sealing of containers on
in-bound shipments. By the nature of their use, they are never
removed from a bonded facility, except when Customs examination
is waived, and they are limited to a one time use. Therefore, the
security container seals can not be designated as instruments of
international traffic.

HOLDING:

     The security container seals under consideration do not
constitute instruments of international traffic as discussed
under LAW AND ANALYSIS.

     If you have any further questions regarding this matter,
please do not hesitate to contact our office.

               Sincerely,




               B. James Fritz
               Chief
               Carrier Rulings Branch