H349196

H349196 October 23, 2025 OT:RR:CTF:EMAIN H349196 ZJK CATEGORY: Classification TARIFF NO.: 7309.00.00 Center Director Consumer Products and Mass Merchandising Port of New York/Newark, NJ 1100 Raymond Blvd. Newark, NJ 07102 Attn: Loreen Buchanan, Supervisory Import Specialist Re: Application for Further Review of Protest No. 4601-23-135213; Classification of Wire Containers Dear Center Director: The following is our decision on the Application for Further Review (AFR) of Protest No. 4601-23-135213, which was filed on July 20, 2023, on behalf of Global Industrial Distribution, Inc. (protestant). The protest pertains to the classification under the Harmonized Tariff Schedule of the United States (HTSUS) by U.S. Customs and Border Protection (CBP) of certain wire containers. This ruling takes into consideration the substance of our discussion, per 19 C.F.R. § 177.4, held on August 21, 2025, as well as supplemental information provided via email, dated August 25, 2025 and October 23, 2025. FACTS: The merchandise at issue are steel wire containers with dimensions of 40” x 32” x 34.5” and a capacity of 18.5 cubic feet (~524 liters). The containers consist of steel wire mesh boxes which sit atop a steel base with reinforced corners. The container floor includes a mesh pattern that is tighter than that found on the sides and top, and the bottom of the containers include legs and may be outfitted with optional casters. The container sits six inches off the ground and may be moved by forklift or pallet truck. Further, the merchandise includes both a top gate and an anterior gate such that the contents of the individual containers are accessible when stacked. Finally, the containers support a maximum weight of 3,000 pounds, may be vertically stacked four-high, and are fully collapsable when empty. The protestant made 116 entries for the subject merchandise between April 26, 2022, and June 1, 2023. The protestant entered the merchandise under heading 8609, 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.” CBP liquidated the subject merchandise between March 24, 2023, and July 7, 2023, under heading 7309, HTSUS, which covers “reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment.” ISSUE: Whether the subject wire containers are properly classified under heading 8609, 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,” or under heading 7309, HTSUS, as “reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment.” LAW AND ANALYSIS: A decision on classification and the rate and amount of duties chargeable is a protestable matter under 19 U.S.C. § 1514(a)(2). The subject protest was timely filed on July 20, 2023, within 180 days of liquidation, pursuant to 19 U.S.C § 1514(c)(3). Further review of Protest No. 4601-23-135213 is properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise. Specifically, the protestant argues that the subject merchandise are wire containers designed and advertised for both the transportation and storage of goods, and the containers are substantially similar to those CBP has previously classified in heading 8609, HTSUS. Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). The HTSUS headings under consideration are as follows: 8609 Containers (including containers for the transport of fluids) 2 specially designed and equipped for carriage by one or more modes of transport * * * * * 7309 Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment * * * * * Note 1(g) to Section XV (Chapters 72 – 83) provides as follows: This section does not cover: (g) Assembled railway or tramway track (heading 8608) or other articles of section XVII (vehicles, ships and boats, aircraft). In light of Note 1(g), supra, the subject container cannot be classified under Section XV if it falls under the scope of heading 8609, HTSUS. In this respect, the protestant contends that the crucial consideration for our analysis is the suitability of the container for the movement of goods as opposed to fixed storage. However, based on GRI 1 and CBP’s prior rulings, whether the subject merchandise is properly classified under heading 8609, HTSUS, turns on whether the merchandise is specially designed for carriage by one or more modes of transport. EN 86.09 provides useful guidance regarding the features that an article typically possesses to be considered specially designed for carriage by one or more modes of transport. For example, EN 86.09 explains that articles classified under heading 8609, HTSUS “…are equipped with fittings (hooks, rings, castors, supports, etc.) to facilitate handling and securing on the transporting vehicle, aircraft or vessel.” On its face, heading 8609, HTSUS, requires the container to be specially designed for carriage by at least one mode of transport. EN 86.09 further provides that “the heading excludes cases, crates, etc. which though designed for door-to-door transport of goods are not specially constructed…to be secured to the transporting vehicle.” Our review of the merchandise and the arguments advanced by the protestant lead us to conclude that the subject articles are not specially designed for carriage by one or more modes of transport. While the merchandise’s wire construction allows it to be secured during transport due to the multiple connection points by virtue of the fact that it is designed as a cage, it is not the case that the construction is the result of an intention to “specially design” the article for carriage. The cage-like construction is not a unique feature found on articles that are “specially designed” for carriage. Further, the container does not contain supports enabling the container to be fitted to a transporting vehicle. Likewise, while the optional casters provide a degree of maneuverability, they are not special design features that render the article particularly compatible with modes of transport. To the contrary, the maneuverability provided by the optional casters is beneficial in warehouses, garages, and homes as opposed to the transportation or carriage context. For instance, a 3,000- 3 pound wheeled container would require signi

A decision on classification and the rate and amount of duties chargeable is a protestable matter under 19 U.S.C. § 1514(a)(2). The subject protest was timely filed on July 20, 2023, within 180 days of liquidation, pursuant to 19 U.S.C § 1514(c)(3). Further review of Protest No. 4601-23-135213 is properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(a) because the decision against which the protest was filed is alleged to be inconsistent with a ruling of the Commissioner of CBP or his designee, or with a decision made by CBP with respect to the same or substantially similar merchandise. Specifically, the protestant argues that the subject merchandise are wire containers designed and advertised for both the transportation and storage of goods, and the containers are substantially similar to those CBP has previously classified in heading 8609, HTSUS. Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989). The HTSUS headings under consideration are as follows: 8609 Containers (including containers for the transport of fluids) 2 

specially designed and equipped for carriage by one or more modes of transport * * * * * 7309 Reservoir