HQ 109696: Polypropylene bags as instruments of international traffic (IIT)

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 109696

                                  September 12, 1988
            BOR 7-07-CO:R:P:C  109696 BEW

            CATEGORY:  CARRIERS

            Mr. Charles E. Hurst
            Sea and Land Shipping, Inc.
            601 Twiggs Street
            Tampa, Florida 33602

            RE:  Polypropylene bags as instruments of international traffic
                 (IIT)

            Dear Mr. Hurst:

                 This is in reference to your memorandum dated August 17,
            1988, requesting that certain polypropylene "Mini Bags" be
            designated as instruments of international traffic (IIT).

            FACTS:

                 You state that your client will ship approximately 2305
            polypropylene bags annually into the United States.  The bags
            are made of heavy duty polypropylene fabric.  You state that
            the bags are top of the range multistrip bags and, therefore
            are stronger than the normal polypropylene bag.  You state that
            the polypropylene bags will be used for fertilizer elements and
            will hold one metric ton.  You state that the special ink used
            to number each bag is specially designed to have maximum
            adherence to the poly bags, and that you expect a minimum of 2
            years legibility.  You state that the port of entry is Oakland,
            California, and the port of departure is Tampa, Florida.

            ISSUE:

                 Whether the heavy duty polypropylene bags used for the
            transportation of fertilizer elements may be designated as
            instruments of international traffic within the meaning of 19
            U.S.C. 1322(a) and section 10.41a, Customs Regulations.

            LAW AND ANALYSIS

                 Section 322(a), Tariff Act of 1930, as amended (19 U.S.C.
            1322(a)), provides that "[v]ehicles and other instruments of
            international traffic, of any class specified by the Secretary













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            of the Treasury, shall be granted the customary exceptions from
            the application of the customs laws to the 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
            section 322(a) are in section 10.41a (19 CFR 10.41a).
            Paragraph (a)(1) of section 10.41a designates as instruments of
            international traffic lift vans, cargo vans, shipping tanks and
            certain other named articles and states that other articles may
            be designated as instruments of international traffic by the
            Commissioner of Customs in decisions to be published in the
            weekly Customs Bulletin.  These instruments of international
            traffic may be released without entry or the payment of duty,
            subject to the provisions of section 10.41a

                 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)), and the regulations issued
            thereunder (19 CFR 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.

                 We find that the bags under consideration are woven heavy
            duty polypropylene bags capable of being used as a container or
            holder, that they are substantial, suitable for and capable of
            repeated use, and that they will be used in significant numbers
            in international traffic.  We further find that the woven
            polypropylene bags under consideration are similar to woven
            polypropylene bags which were designated as instruments of
            international traffic in Treasury Decision 76-171 (woven
            polypropylene bags, and used for the transportation of dry
            chemicals), and Treasury Decision 68-4 (collapsible nylon
            container capable of holding zinc dust or similar material).

                 The designation of a container or holder as an IIT becomes
            effective only when used as such upon its arrival in this
            country in foreign trade, either empty or with merchandise.  If
            the holder or container is brought into the country by a party
            other than the one who is using it as an IIT, it is subject to
            entry as imported merchandise.  The principal on the IIT bond
            is the party who is using the holder or container as an IIT.


















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            HOLDING:

                 The heavy duty polypropylene bags under consideration
            qualify for treatment as instruments of international traffic
            and may be released under the procedures set forth in section
            10.41a, Customs Regulations.

                                              Sincerely,




                                              B. James Fritz
                                              Chief
                                              Carrier Rulings Branch
































            CO:R:P:C:BEWhiting:9/9/88