Instruments of International Traffic; 19 U.S.C. § 1322(a); 19 CFR 10.41a; Metal Cradles; Metal Beams

HQ H175417 October 12, 2011 BOR-4-07:OT:RR:BSTC:CCI H175417 ALS CATEGORY: Carriers Ms. Lea M. Ford John S. Connor, Inc. 799 Cromwell Park Drive Glen Burnie, Maryland 21061 RE: Instruments of International Traffic; 19 U.S.C. § 1322(a); 19 CFR 10.41a; Metal Cradles; Metal Beams Dear Ms. Ford: This is in response to your correspondence, dated July 1, 2011, in which you forwarded a letter, enclosing diagrams and photographs from your client, Graham Packaging Company, requesting a ruling as to whether certain metal cradles and metal beams qualify as instruments of international traffic under 19 U.S.C. § 1322(a) and 19 CFR 10.41a. Our ruling is set forth below. FACTS: Your client, Graham Packaging Company, imports various components for blow molding machines which are used to manufacture plastic bottles. Among the imported components is an interior wheel called a “spool.” The spools are manufactured and repaired in Canada. They are imported in a shipping container that consists of a metal cradle and metal bracing beams. The cradles and beams are used to import and export the spools between Canada into the United States. The cradles are measured at either 12’ x 8’6” x 5’ or 12’ x 10’6” x 6’10.” The beams are measured at 16’6” long and 8” high, and feature two slots into which the cradles are placed and two “lifting eyes” to load the spools into the cradles. This is an image of the cradle and beam:
You state that the cradles and beams are substantial, suitable for and capable of repeated use, and will be used in transport between Canada and the United States “3 to 10 times a year” either empty or loaded with spools. You also state that three mega cradles, four super cradles, six super shipping beams, six mega shipping beams, and two standard shipping beams are used annually. ISSUE: Whether the metal cradles and metal beams described above may be designated as instruments of international traffic pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a. 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. 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). We have previously ruled on the IIT status of articles of similar materials and construction as the beams and cradles now under consideration. In CBP Ruling HQ 112274 (December 14, 1992), we held that beams used to transport strands of yarn are IITs. In CBP Ruling HQ 111163 (March 26, 1991), we held that metal racks used to transport automobile engines four to five times round trip per year are IITs. We find the subject cradles to be similar in construction and use to the metal racks in 111163, and therefore find 111163 applicable in this case to the cradles. Thus, upon review of your request, we find that the metal beams and cradles are substantial, suitable for and capable of repeated use, and are used in significant numbers in international traffic. Therefore, we find that the subject metal beams and cradles qualify as IITs pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). HOLDING: The subject metal beams and cradles described above are hereby designated as IITs pursuant to 19 U.S.C. § 1322(a) and 19 CFR 10.41a(a)(1). 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