Newly Released CBP HQ Rulings for Dec. 21
The Customs Rulings Online Search System (CROSS) was updated Dec. 21 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H321597: Instruments of International Traffic; 19 U.S.C. § 1332(a); §§ 10.41a(a)(1), 10a(a)(2); JF Hillebrand USA Inc.; polypropylene insulation liners; accessories
| Ruling: The VinLiners do not qualify as instruments of international traffic, nor do they qualify as accessories to instruments of international traffic. They cannot be classified in the duty-free subheading 9803.00.00 for IITs. |
| Issue: Whether the subject VinLiners qualify for consideration as IIT within the meaning of 19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1). Whether the subject VinLiners qualify for consideration as accessories to IITs within the meaning of 19 C.F.R. § 10.41a(a)(2). |
| Item: Insulation liners called VinLiners, used for the exportation of California beverages to places with varying climates. The subject VinLiners reduce the effects that thermal shocks, potential cross contamination, odors and humidity infiltration may cause to sensitive cargos in transit. They consist of an aluminum coated woven polypropylene fabric. The liner is secured to dry containers or over pallets, using C-mouth clips, tensioning cords, hooks and a “lock.” The VinLiners are manufactured in South Africa. They are installed to containers in Oakland. The subject VinLiners are “a one-way device.” They are used in approximately 600 exports a year. They also have a lifespan for up to three years provided the liner is properly stored. |
| Reason: The VinLiners are substantial in that they are made of aluminum-coated woven polypropylene fabric and have a lifespan of three to five years. However, they are not suitable for or capable of repeated use, despite the significant number used in international traffic, so do not qualify for consideration as an IIT. Also, although shipping containers fall within the definition of containers, because the subject VinLiners are not imported in the containers for which they will be used and are used as a one-way device only, they cannot qualify as accessories to IITs. |
| Ruling Date: Dec. 17, 2021 |