OT:RR:BSTC:CCR H345809 MF
Lisa Murrin
Senior Consultant
Expeditors Tradewin, LLC
795 Jubilee Drive
Peabody, MA 01960
RE: Instruments of International Traffic; 19 U.S.C. § 1332(a); § 10.41a(a)(1), Goodpack
USA, Inc.; Returnable Pallets
Dear Ms. Murrin:
This is in response to your February 12, 2025, ruling request on behalf of Goodpack
USA, Inc. (“Goodpack”). In your request you inquire whether collapsible and stackable steel
pallet cubes qualify as “instruments of international traffic” (“IIT”) within the meaning of 19
U.S.C. § 1332(a). Our decision follows.
FACTS:
The following facts are from your ruling request and supplements thereto. The subject
items are various models of a collapsible and stackable steel pallet cube. There are four models
of this item: RP3, RP4, RP4T, and RP5. The differences between these items are limited to
dimensions, tare weight, and maximum allowable payload. These subject items are comprised of
steel collapsible corner posts and a metal pallet foundation. The posts are designed to lock into
place and form an open cube. The subject pallets are designed to be multimodal, collapsible, and
reusable and are intended for transporting bagged products such as pellets, powders, grains, etc.
The subject pallets are made of galvanized steel.
The RP3 model is 1150mm x 1125mm x 1100mm with its corner posts erect and
1150mm x 1125mm x 150mm when collapsed. The RP4 is 1390 mm x 1110mm x 1100mm with
its corner posts erect and 1390 mm x 1110mm x 150mm when collapsed. The RP4T model is
1390 mm x 1110mm x 1275mm with its corner posts erect and 1390 mm x 1110mm x 150mm
when collapsed. The RP5 model is 1465mm x 1150mm x 1110mm with its corner posts erect
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and 1465mm x 1150mm x 150mm when collapsed. The subject pallets are depicted below, both
collapsed and assembled:
2
There are currently more than four million Goodpack reuseable pallets and containers in
circulation. Goodpack plans to provide the subject pallets to its customers on a “for hire,” pay-
per-use basis. Goodpack will deliver the subject items to a location specified by the customer.
Upon the customer’s completion of their use of the subject pallet, Goodpack’s customers have
the option of continuing to use the pallets, transferring them to a new location and/or user, or
submitting a return request to Goodpack.
Once returned to Goodpack the pallets undergo cleaning and inspection before their next
usage. In response to our inquiry, Goodpack advised that the pallets are expected to have a
multidecade lifespan. Goodpack also noted that while usage depends on the products vertical
supply chain, the subject pallets could sustain between 60-120 use cycles.
ISSUE:
1. Whether the subject pallet cubes qualify for consideration as IIT within the meaning of
19 U.S.C. § 1322(a) and 19 C.F.R. § 10.41a(a)(1).
LAW AND ANALYSIS:
Per 19 C.F.R. § 141.4(a), “all merchandise imported into the United States is required to
be entered, unless specifically excepted.” The four exceptions to the requirement of entry are
listed under 19 C.F.R. § 141.4(b), one of which is instruments of international traffic. See 19
C.F.R. § 141.4(b)(3).
Subheading 9803.00.0, HTSUS provides for the duty-free treatment of:
Substantial containers and holders, if products of the United States (including
shooks and staves of United States production when returned as boxes or barrels
containing merchandise), or if of foreign production and previously imported and
duty (if any) thereon paid, or if of a class specified by the Secretary of the Treasury 1
as instruments of international traffic, repair components for containers of foreign
production which are instruments of international traffic, and accessories and
equipment for such containers, whether the accessories and equipment are imported
with a container to be reexported separately or with another container, or imported
separately to be reexported with a container.
(Footnote and emphasis added).
Subchapter 98 of the HTSUS only applies to:
(a) Substantial containers or holders which are subject to tariff treatment as
imported articles and are:
1
Customs revenue functions have been delegated to the Secretary of Homeland Security by the Secretary of
Treasury, with exceptions herein not applicable, under the authority of the Homeland Security Act of 2002, Pub. L.
107-296. See Treas. Dep't Order 100-16 (May 15, 2003).
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(i) Imported empty and not within the purview of a provision which
specifically exempts them from duty; or
(ii) Imported containing or holding articles, and which are not of a kind
normally sold therewith or are entered separately therefrom; and
(b) Certain repair components, accessories and equipment.
See U.S. Note 1, et seq., Chapter 98, HTSUS.
Pursuant to 19 U.S.C. § 1322(a), 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. The
relevant CBP regulations implementing that statute are found at 19 C.F.R. § 10.41a(a)(1) which
provides in pertinent part:
Lift vans, cargo vans, shipping tanks, skids, pallets, caul boards, and cores for
textile fabrics, arriving (whether loaded or empty) in use or to be used in the
shipment of merchandise in international traffic are hereby designated as
“instruments of international traffic” [. . .] The Commissioner of Customs [now
CBP] is authorized to designate as instruments of international traffic […] such
additional articles or classes of articles as he shall find should be so designated.
19 C.F.R. § 10.41a(a)(1) (emphasis added).
Such instruments may be released without entry or the payment of duty, subject to the provisions
of this section.
To qualify for entry-free and duty-free treatment as IITs under the aforementioned
statutory and regulatory authority, the article must be a substantial container or holder. As stated
above, CBP is authorized to designate as an IIT such additional articles not specifically noted in
19 C.F.R. § 10.41a(a)(1). To qualify as an IIT within the meaning of 19 U.S.C. § 1322(a) and 19
C.F.R. § 10.41a(a)(1), an article used as a container or holder must be: (1) substantial, (2)
suitable for and capable of repeated use, and (3) used in significant numbers in international
traffic. See HQ H291037 (Jan. 9, 2018); HQ H016491 (Oct. 1, 2007); HQ 114150 (Dec. 12,
1997); HQ 107545 (May 7, 1985); Treas. Dec. 71-159, Cust. B. & Dec. 296 (June 18, 1971); 99
Treas. Dec. 533, No. 56247 (Aug. 26, 1964). 2
Pursuant to 19 C.F.R. § 10.41a(a)(1), pallets are per se IITs. In HQ H119060 (Nov. 9,
2020), CBP held that “pallets have already been designated as an instrument of international
traffic by regulation. See 19 C.F.R. § 10.41a(a).” HQ H119060 (Nov. 9, 2010); see also HQ
2
The requirement that an article be “substantial” is not only a threshold requirement under 9803.00.50, but also a
requirement for an article to be an instrument of international traffic pursuant to CBP decisions. The origin for the
criterion found in CBP decisions that an article be “substantial” is found in Schedule 8, Item 808.00 of the Tariff
Schedule of the United States (1963)(TSUS), the predecessor provision to 9803.00.50, HTSUS. Likewise, the
criterion that an article be “suitable for and capable of repeated use” is found in Schedule 8, Item 808.00, TSUS,
Headnote 6(b)(ii)(stating that the article must be capable of “reuse”). Although the requirement that an article be
capable of reuse is no longer under subheading 9803.00.50, HTSUS (the successor provision to Item 808.00, TSUS),
to receive duty-free treatment thereunder nevertheless, “reuse” is still required, pursuant to CBP decisions, for an
article to be considered an instrument of international traffic.
4
H252710 (May 19, 2014) (CBP held “the subject plastic pallets are IITs Pallets have already
been designated as an instrument of international traffic by regulation. See 19 C.F.R. § 10.41a(a).
It is noteworthy that the subject merchandise consists of more than ordinary pallets. Rather, the
items under consideration are collapsible and stackable steel pallet cubes, comprised of steel
collapsible corner posts and a metal pallet foundation. The posts are designed to lock into place
and form an open cube suitable for transporting bagged products such as pellets, powders, grains,
etc.
Due to the common design elements of the subject items, we address them as one. The
items at issue in the instant matter are pallet cubes. Pallets are defined by Merriam Webster as
“a portable platform for handling, storing, or moving materials and packages (as in warehouses,
factories, or vehicles).” 3 The metal bases of the pallet cubes are platforms capable of holding
materials and packages, and include multiple lashing points to enable the securing of goods.
Moreover, these items are portable and capable of manipulation by a forklift from all four of
their sides. Therefore, it is our position the subject items are a type of pallet. Unlike ordinary
pallets, these pallet cubes incorporate collapsible corner posts designed to lock into place and
form an open cube suitable of multimodal carriage of goods, intended for transporting bagged
products such as pellets, powders, grains, etc. While the manipulable corner posts are not typical
features of pallets, they further the pallets’ main function, the handling and storage of
merchandise, and do not otherwise preclude these items from operating in a manner consistent
with standard pallets in terms of portability and intermodal operability. As such we consider
these items to be pallets for purposes of determining their status as IITs.
Based upon review of the submission and information provided, the subject pallet cubes
are containers that are substantial, suitable for and capable of repeated use, and used in
significant numbers in international traffic. They are substantial in that they are made of
galvanized steel and are expected to have a multidecade lifespan. CBP has previously held steel
is substantial. See HQ 114733 (Nov. 17, 1999); H116376 (Jan. 11, 2005) (CBP determined steel
bins and steel chains were substantial); HQ 303170 (Apr. 9, 2019) (CBP held steel container
racks were substantial); and H339996 (October 11, 2024) (CBP found that steel cargo support
structures were substantial). They are also advertised as reuseable and Goodpack claims to clean
and inspect them upon their return to enable their continued use, which depending upon the
nature of the vertical supply chain is estimated at between 60 and 120 use cycles. Lastly, they
are used in significant numbers in international commerce as more than four million Goodpack
reuseable pallets and containers are currently in circulation. Accordingly, the pallets in the
present case may be released without the payment of duty or entry.
We further note Goodpack’s customers have the option to keep the subject IITs in their
possession. IITs are required to exit the United States within 365 days from day of admittance or
else will be subject to duty for consumption per 19 C.F.R. § 10.41a(g)(1).
HOLDING:
The subject pallet cubes qualify for treatment as instruments of international trade within
the meaning of 19 U.S.C. § 1322(a) and § 10.41a(a)(1).
3
Pallet, MERRIAM-WEBSTER.COM, https://www.merriam-webster.com/dictionary/pallet (last visited May 19, 2025).
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Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the
assumption that all of the information furnished in connection with the ruling request and
incorporated in the ruling letter, either directly, by reference, or by implication, is accurate and
complete in every material respect. The application of a ruling letter by a Customs Service field
office to the transaction to which it is purported to relate is subject to the verification of the facts
incorporated in the ruling letter, a comparison of the transaction described therein to the actual
transaction, and the satisfaction of any conditions on which the ruling was based.” If the terms
of the import or export contracts and results of the sampling records vary from the facts
stipulated to herein, or CBP ascertains discrepancies based upon a review of any other pertinent
information, this decision shall not be binding on CBP as provided for in 19 C.F.R. § 177(b)(1),
(2) and (4), and § 177.9(b)(1) and (2).
Sincerely,
W. Richmond Beevers
Chief, Cargo Security, Carriers, and Restricted Merchandise
Office of International Trade, Regulations & Rulings
U.S. Customs and Border Protection
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