Instruments of International Traffic; 19 U.S.C. §1322(a); 19 CFR 10.41a(a)(1); Polyethylene and Polypropylene Bags

HQ H178255 October 12, 2011 BOR-4-07:OT:RR:BSTC:CCI H178255 ALS CATEGORY: Carriers Mr. Curt Ericson American Lamprecht Transport, Inc. 700 Rockaway Turnpike Lawrence, New York 11559 RE: Instruments of International Traffic; 19 U.S.C. §1322(a); 19 CFR 10.41a(a)(1); Polyethylene and Polypropylene Bags Dear Mr. Ericson: This is in response to your letter, dated July 14, 2011, requesting a ruling concerning whether new and used polyethylene and polypropylene mail bags qualify as instruments of international traffic under 19 U.S.C. §1322(a) and 19 CFR 10.41a(a)(1). FACTS: Your company uses the bags to transport mail from the United States to Europe and returns them to the United States empty. The bags are manufactured in Europe of either polyethylene or polypropylene strips and are imported in used condition. You state that approximately 240,000 bags are used in international traffic on an annual basis, the life expectancy of each bag is one to three years, that each bag will be used 20-30 times during its life span, and the dimensions of the bags are 38.5 inches long and 24 inches wide. They are colored either blue or green. The following is a photographic image of the bag:
ISSUE: Whether the polyethylene and polypropylene mail bags may be designated as instruments of international traffic under 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 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 instruments of international traffic such additional articles not specifically noted in that section. Such instruments may be released without entry or payment of duty. To qualify as an instrument of international traffic 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 HTSUSA subheading 9803.00.50 and HQ 112303 (August 14, 1992). We have previously ruled on articles that are similar to the subject polyethylene and polypropylene mail bags. We have ruled that similar plastic polyethylene tote bags are properly designated as instruments of international traffic. See CBP Ruling HQ 114418 (September 23, 1998). In 114418, we ruled that totes made of high density polyethylene with a life expectancy of five importations met the requirements of 19 U.S.C. §1322(a) and 19 CFR 10.41a(a)(1). See also Treasury Decision (T.D.) 76-171; CBP Ruling HQ 109696, (September 12, 1988); CBP Ruling HQ 113220, (September 28, 1994); CBP Ruling HQ 113407, (April 25, 1995); and CBP Ruling HQ 113916, (July 2, 1997), all cited within HQ 114418. Inasmuch as we find the plastic mail bags in this case to be of similar construction and proposed use as those in HQ 114418, we conclude that the plastic mail bags meet the requirements for instruments of international traffic. HOLDING: The subject plastic mail bags, as described above, are hereby designated as instruments of international traffic within the meaning of 19 U.S.C. §1322(a) and 19 CFR 10.41a, and are therefore classifiable under Harmonized Tariff Schedule of the United States Annotated subheading 9803.00.50. Sincerely, George Frederick McCray Supervisory Attorney-Advisor/Chief Cargo Security, Carriers and Immigration Branch Office of International Trade, Regulations & Rulings U.S. Customs and Border Protection