CLA-2-76:OT:RR:NC:N5:113
Ms. Desiree L. Pasbrig
Motis Brands dba DiscountRamps.com
N102 W19400 Willow Creek Way Germantown, WI 53022
RE: The tariff classification of adjustable threshold ramps from China
Dear Ms. Pasbrig:
In your letter dated July 3, 2023, you requested a tariff classification ruling on adjustable threshold ramps. Descriptions and photographs of the subject ramps in use were submitted for our review.
The articles under consideration are identified in your letter as Silver Spring ATR400 Series Adjustable Height Solid Threshold Ramps with a 400 pound weight capacity. The ATR400 Series Adjustable Ramps are made from high-strength aluminum with an epoxy based grit coat surface for traction in all weather conditions. The edges of the ramp are painted a bright yellow for high visibility and have about 1/4” high edge rail for safety. With a 400 pound weight capacity this threshold ramp can be used with wheelchairs, scooters, walkers, and power chairs.
You stated in your letter that “These Silver Spring Adjustable Solid Threshold Ramps are marketed to consumers for fitting areas around the home (both inside and outside) for safe and easy access of their wheelchair, scooter, or walker. These ramps come with stainless steel legs and threaded screws that enable you to adjust the height of the ramp. The bottom of each leg has a swivel foot mounted on a ball joint to provide stability on slightly uneven surfaces. This ramp is perfect for either odd size rises or when you need to use a threshold ramp in different parts of your home, office or warehouse.”
The Silver Spring Adjustable Solid Threshold Ramps under consideration include ATR400, ATR40030, and ATR40036. You indicated that ATR400 measures 26” in length x 31 1/2” in width and has a height adjustable range from 2 3/4” to 6 5/8”. This ramp is specifically designed for use with doors that open inwards because the adjustable leg is above the plane of the ramp’s top. ATR40030 measures 30” in length x 30” in width and has a height adjustable range from 3 1/2” to 7 1/2”. ATR40036 measures 36” in length x 36” in width and has a height adjustable range from 3 1/2” to 7 1/2”. The adjustable knobs are all under the top plane of the ramp allowing use without obstruction, such as with doors that swing outward.
The applicable subheading for the Silver Spring ATR400 Series Adjustable Height Solid Threshold Ramps, including ATR400, ATR40030 and ATR40036, will be 7616.99.5190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem.
In your submission you requested consideration of a secondary classification for the subject Adjustable Height Solid Threshold Ramps under 9817.00.96, HTSUS, which applies to articles and parts of articles specifically designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Chapter 98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term blind or other physically or mentally handicapped persons as including “any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.”
The primary issue is whether the article is specially designed or adapted for the use or benefit of the handicapped within the meaning of Nairobi Protocol. Although the legislative history of the Nairobi Protocol discusses the concerns of Congress that the design, modification or adaptation of an article must be significant so as to clearly render the article for use by handicapped individuals, no specific definition of these terms was established by Congress. Since it is difficult to establish a clear definition of what is specially designed or adapted, various factors must be utilized on a case-by-case basis to determine whether a given article is specially designed or adapted within the meaning of this statute.
In T.D. 92-77, dated August 3, 1992 (26 Cust. Bull. 35, dated August 26, 1992), Customs set forth its position regarding certain issues arising under the Nairobi Protocol. The first issue concerned the interpretation of the term specially designed or adapted. Customs pointed out that a primary factor to be considered in determining whether an article was specially designed and adapted was whether the article was easily distinguishable, by properties of the design and the corresponding use specific to this unique design, from articles useful to non-handicapped individuals. Therefore, if an article is solely dedicated for use by the handicapped it is Customs position that this would be conclusive evidence that the article is specially designed or adapted for the handicapped for purposes of the Nairobi Protocol.
You stated that the ATR400 Series Adjustable Height Solid Threshold Ramps in question “Provide a smooth rolling surface that facilitates access to buildings for people who are using rolling devices to assist their movement – either wheelchairs, walkers, or scooters; whether manually operated or powered. Ramps can be used around homes to overcome various low rise obstacles.” In HQ 557734 dated April 18, 1994, CBP determined that walkers are specially designed and adapted for handicap use, and HQ 557712 dated June 27, 1994, and HQ 557798 dated June 17, 1994, established that various wheelchairs are designed and adapted for handicap use. We note that the subject ramps facilitate the safe movement of walkers, wheelchairs and scooters in and around homes, and various elevations found in and around the house, office or warehouse.
In HQ 556449, dated May 5, 1992, CBP set forth five factors it would consider in determining whether an article is specially designed or adapted for the use or benefit of handicapped persons. These factors include: (1) the physical properties of the article itself (i.e., whether the article is easily distinguishable by properties of the design, form, and the corresponding use specific to this unique design, from articles useful to non-handicapped persons); (2) whether any characteristics are present that create a substantial probability of use by the chronically handicapped so that the article is easily distinguishable from articles useful to the general public and any use thereof by the general public is so improbable that it would be fugitive; (3) whether articles are imported by manufacturers or distributors recognized or proven to be involved in this class or kind of articles for the handicapped; (4) whether the articles are sold in specialty stores which serve handicapped individuals; and, (5) whether the condition of the articles at the time of importation indicates that these articles are for the handicapped.
Based on the information provided, it is the opinion of this office that the Silver Spring ATR400 Series Adjustable Height Solid Threshold Ramps under consideration are specifically designed for use by the handicapped for secondary classification purposes. In our view, the ramps satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Therefore, we agree that a secondary classification would apply to the Silver Spring ATR400 Series Adjustable Height Solid Threshold Ramps under 9817.00.96, HTSUS, and will be free of duty and the Merchandise Processing Fee (MPF) upon importation into the United States.
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/current.
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division