HQ 113265: Instruments of international traffic; 19 U.S.C. 1322; 19 CFR 10.41a; Plywood containersDear Mr. Snyder:

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 113265

                           November 2, 1994
                                                                 
BOR-4-07-CO-R-IT-C  113265 GOB          
                                        
CATEGORY:  Carriers

Jeffrey L. Snyder, Esq.
Graham & James
2000 M Street, N.W.
Suite 700
Washington, D.C. 20036-3307

RE:  Instruments of international traffic; 19 U.S.C. 1322; 19 CFR
     10.41a; Plywood containers
Dear Mr. Snyder:          

     This is in response to your letter dated October 28, 1994 on
behalf of Tomen America, Inc. ("Tomen").

FACTS:

     You request that certain plywood containers be designated as
instruments of international traffic within the meaning of 19 CFR
10.41a.

     Your letter states:

     The containers in question are returnable plywood pallet
     collars called "Vikontainers"...

     ...There are four different sizes of containers...The  
standard size is 1.077 meters long, 1.077 meters wide, and  0.980
meters deep.  The plywood comes in either 6 or 12.5    millimeter
thicknesses.  The collar slips over merchandise   situated on
pallets and is sealed by a plywood lid that  allows for safe
stacking.  The Vikontainer fits most    standard pallet sizes and
other sizes can be made to order.       The Vikontainers are able
to be stacked on top of one   another for increased storage
capacity.
     ...
     The projected use of the Vikontainer will be for shipping
     engines to the U.S.  The lifespan of the container is  
expected to be four to five years.
     ...
     ...The plywood collar is durable and reusable.

     


                              - 2 -

     You informed us telephonically that Tomen initially expects
to use 100 to 150 of these plywood containers.  Over time, it
expects the number in use to be in the range of 300.

ISSUE:

     Whether the subject plywood containers 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 plywood containers meet the requirements to be designated as
instruments of international traffic. 







                              - 3 -

HOLDING:

     The subject plywood containers 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