Instruments of International Traffic; 19 U.S.C. § 1322(a); 19 CFR 10.41a(a)(1); Carbon Steel Cylinders

HQ H022588 March 18, 2008 BOR-4-07:OT:RR:BSTC:CCI H022588 ALS CATEGORY: Carriers Jamal Ahmed Project Manager Russell A. Farrow, Ltd. 5397 Eglinton Avenue West, Suite 220 Etobicoke, Ontario, Canada M9C 5KC RE: Instruments of International Traffic; 19 U.S.C. § 1322(a); 19 CFR 10.41a(a)(1); Carbon Steel Cylinders Dear Mr. Ahmed: This is in response to your letter, dated January 14, 2008, requesting a ruling on behalf of Nemak of Canada, concerning whether carbon steel cylinders qualify as instruments of international traffic under 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). FACTS: Nemak imports Isocure700 Catalyst into Canada from the United States. The product is imported in carbon steel cylinders. Upon importation, the product is removed from the cylinders and the empty cylinders are then shipped back to the United States to be re-used to ship more of the product into Canada from the United States. You state that the carbon steel cylinders are 30 inches in diameter, 45 5/8 inches in length, and weigh approximately 374 pounds each. You further state that the life expectancy of the cylinders is five years, and that an average of 10 cylinders is shipped back and forth between Canada and United States on a weekly basis. ISSUE: Whether the carbon steel cylinders described above may be designated as instruments of international traffic pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). LAW AND ANALYSIS: Pursuant to 19 U.S.C. § 1322(a), instruments of international traffic (also referred to herein as “IITs”) shall be excepted from the application of the Customs laws to the extent that such terms and conditions are prescribed in regulations or instructions. Pursuant to 19 CFR 10.41a(a)(1), the Commissioner of Customs and Border Protection (CBP) is authorized to designate as IITs such additional articles not specifically noted in that section. Such IITs may be released without entry or payment of duty. To qualify as an IIT within the meaning of 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1), an article must be used as a container or holder. The article also must be substantial, suitable for and capable of repeated use, and used in significant numbers in international traffic. See Harmonized Tariff Schedule of the United States Annotated subheading 9803.00.50 and CBP Ruling HQ 112303 (August 14, 1992). You claim that the cylinders are made of carbon steel maintained in accordance with American National Standards Institute (ANSI) standard N14.1, “Uranium Hexafloride-Packaging for Transport,” model number 30B, pursuant to 49 CFR 171.7, 171.12, and 173.420. Model number 30B is described on page seven of the ANSI standard N14.1 as being 30 inches in nominal diameter, made of steel, having a minimum volume of 26 feet, and other technical measurements. Upon review of your request, we find that the subject carbon steel cylinders are substantial, suitable for and capable of repeated use, and are used in significant numbers in international traffic. We have ruled that similar articles qualify as IITs. See, e.g., CBP Ruling HQ 116534 (December 5, 2005). Therefore, we find that the subject carbon steel cylinders qualify as IITs pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). HOLDING: The subject carbon steel cylinders are hereby designated as IITs pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). Sincerely, Glen E. Vereb Chief Cargo Security, Carriers, and Immigration Branch