CLA-2-86:OT:RR:NC:N2:206
Graham Reynolds
Alacran
506 S Main St.
Blacksburg, VA 24060
RE: The tariff classification of a transportation cask and disposable inserts from France
Dear Mr. Reynolds:
In your letter, dated February 10, 2025, you requested a tariff classification ruling on behalf of Robatel
Technologies, LLC.
The article under consideration is a RT-200 cask system, Type B, which is a transportation cask primarily
made of stainless steel. It entirely encloses a lead lining used as a shielding material. Its assembled tare
weight is approximately 65,500 KG with an overall length of approximately six meters. Its volumetric
capacity is 4.34 cubic meters. At each end of the cylindrical cask is an impact limiter secured by bolts. These
impact limiters are also made of stainless steel and contain an enclosed polymer foam for energy absorption.
The cylindrical cask holds a cylindrical basket body designed to secure up to three storage containers shored
by a stainless steel disposable insert. The RT-200 is initially sold with disposable inserts. Additional
disposable inserts may be purchased for import following the entry of the cask system. The exterior of the
cask features vent and drain ports and two bolted stainless steel lifting trunnions and four welded stainless
steel transport trunnions for tie-down to any appropriate conveyance.
The RT-200 cask system will be used exclusively as a transportation cask that acts as a reusable packaging
for radioactive materials. The cask is designed to be removed from the trailer, maneuvered by an overhead
crane, loaded within a nuclear power plant, and reinstalled onto the trailer for transport of the radioactive
materials to a disposal site.
The storage containers are inserted into the disposable insert, which is inserted into the basket body and then
installed in the cask body. The impact limiters protect the cask in the event that the cask is dropped. The
storage containers are used only during the operation of the cask and will not be imported with the cask.
However, the disposable inserts are imported with the system.
The applicable subheading for the RT-200 cask system, Type B and disposable inserts, when imported
together with the RT-200 cask system, will be 8609.00.0000, Harmonized Tariff Schedule of the United
States (HTSUS), which provides for “Containers (including containers for the transport of fluids) specially
designed and equipped for carriage by one or more modes of transport.” The rate of duty will be Free.
You propose that the disposable inserts imported separately from the RT-200 cask system are classified in the
same subheading as the RT-200 cask system. We disagree.
Subheading 8609.00.0000, HTSUS, does not provide for parts or accessories. Although the inserts may be
dedicated for the sole use in the RT-200 cask system, the articles are not more specifically provided for
anywhere in the nomenclature. In HQ 966457, CBP stated, regarding parts of an intermediate bulk container
(IBC), “Although the steel tubes may be parts for the complete UniCUBE IBC, the tariff provision for
shipping containers for transporting fluids, subheading 8609.00.00, HTSUS, does not provide for parts.
Therefore, we find that the imported steel tubes cannot be classified in subheading 8609.00.00, HTSUS.”
The applicable subheading for the disposable inserts, when imported separately from the RT-200 cask
system, will be 7326.90.8688, HTSUS, which provides for “Other articles of iron or steel; Other; Other;
Other; Other; Other.” The rate of duty will be 2.9 percent ad valorem.
On March 12, 2025, Presidential proclamation 10896 imposed additional tariffs on certain derivative iron or
steel products. Additional duties for derivative iron or steel products of 25 percent are reflected in Chapter
99, headings 9903.81.89 and 9903.81.90. Products provided by heading 9903.81.91 will be subject to a duty
of 25 percent upon the value of the steel content. At the time of entry, you must report the Chapter 99
heading applicable to your product classification, i.e. 9903.81.90, in addition to subheading 7326.90.8688,
HTSUS. Derivative iron or steel products processed in another country from steel articles melted and poured
in the United States, provided for in heading 9903.81.92, are not subject to the additional ad valorem duties.
Please note that derivative steel products admitted to a U.S. foreign trade zone under “privileged foreign
status” before March 12, 2025, and entered for consumption on or after March 12, 2025, may be subject to
additional duties under heading 9903.81.93, HTSUS.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS
and the accompanying duty rates are provided at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection
Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents
filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact
National Import Specialist Liana Alvarez at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division