What is the definition of an Instrument of International Traffic (IIT) according to CBP?
Per CBP, an IIT is defined as:
Section 322(a), Tariff Act of
1930, as amended (19 U.S.C. §1322(a)), provides that "[v]ehicles and other
instruments of international traffic, of any class specified by the Secretary
of the Treasury, shall be granted the customary exceptions from the application
of the customs laws to the extent and subject to such terms and conditions as
may be prescribed in regulations or instructions of the Secretary of the
Treasury."
To qualify as an IIT within the
meaning of section 322(a), Tariff Act of 1930, as amended (19 U.S.C. §1322(a)),
and the implementing regulations, section 10.41a of the CBP regulations (19 CFR
§10.41a et seq.), an article must be substantial, suitable for and capable of
repeated use, and used in significant numbers in international traffic (e.g.
reusable containers). Paragraph (a)(1)
of section 10.41a designates IIT lift vans, cargo vans, shipping tanks, and
certain other named articles and states that other articles may be designated
as IIT by the Commissioner of Customs in decisions to be published in the
weekly Customs Bulletin and are available in the Customs Rulings Online Search
System (CROSS) at
http://rulings.cbp.gov/.
Articles qualifying for treatment
as IIT under 19 CFR §10.41a are considered to be used in international
traffic when they arrive in the U.S. containing merchandise and when they
arrive empty to be filled with merchandise to be exported. If qualified, upon arrival into the customs
territory of the U.S.,
the IIT may be released without entry of the payment of duty subject to the
provisions of 19 CFR §10.41a. To attain the release without entry as specified above, the applicant
requesting release must have a valid 3a bond on file (19 CFR §10.41a(c) and 19
CFR §113.66). The presence of a quantity
of residue remaining in the conveyance upon its return to the U.S. does not disqualify the
article as an IIT.