CLA-2-86:OT:RR:NC:N2:206
Luke Kahnk
Tank Holding Corp.
6940 O Street, Suite 200
Lincoln, NE 68510
RE: The tariff classification of a tank from Canada
Dear Mr. Kahnk:
In your letter dated September 17, 2025, you requested a tariff classification ruling on a sump bottom
transport tank and a cone bottom trailer.
The items under consideration are a Sump Bottom Transport Tank, Product Code THD00250K and a Cone
Bottom Trailer (Double), Product Code CUSTDBLCONE2600. The Sump Bottom Transport Tank is
described as a 260-gallon liquid transport tank made of high density polyethylene with a stainless steel frame.
It designed to be bolted to flat bottom trailers. The tank is used primarily for transporting agricultural
chemicals to the fields. It contains pin-mounts to be secured to the transporting vehicles and the fully
draining sump bottom prevents liquid from staying at the tank’s base. The plastic tank weighs 110lbs and its
steel frame weighs 46lbs.
The applicable subheading for the Sump Bottom Transport Tank, Product Code THD00250K will be
8609.00.0000, 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 general rate of duty
will be Free.
Products of Canada as provided by heading 9903.01.10 in Section XXII, Chapter 99, Subchapter III, U.S.
Note 2(j), HTSUS, other than products classifiable under headings 9903.01.11, 9903.01.12, 9903.01.13,
9903.01.14, and 9903.01.15, HTSUS, will be subject to an additional 35 percent ad valorem rate of duty. At
the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.10, in addition to
subheading 8609.00.0000, HTSUS, listed above. Articles that are entered free of duty under the terms of
general note 11 to the HTSUS (U.S.-Mexico-Canada Agreement (USMCA)), including any treatment set
forth in subchapter XXIII of Chapter 98 and subchapter XXII of chapter 99 of the HTSUS, will not be
subject to the additional ad valorem duties provided for in heading 9903.01.10. If your product is entered
duty free as originating under the USMCA, you must report heading 9903.01.14, HTSUS, in addition to
subheading 8609.00.0000, HTSUS.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products of Canada are not
subject to reciprocal tariffs. At the time of entry, you must report the Chapter 99 heading applicable to your
product classification, i.e. 9903.01.26, in addition to subheading 8609.00.0000, HTSUS, listed above.
The tariffs and additional duties cited above are current as of this ruling’s issuance. 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/.
Your inquiry does not provide enough information for us to give a classification ruling on the Cone-Bottom
Trailer. Your request for a classification ruling should include the following:
Function and use of the pumps, hoses, and other equipment imported with the trailer.
Pictures of the cone-bottom trailer without the tanks. How is it sold? How is it advertised?
Part/item/model number(s) or similar identifier(s) of each cone-bottom trailer version you are seeking a
ruling on.
When this information is available, you may wish to consider resubmission of your request. We are returning
any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material
that we have returned to you.
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,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division