CLA-2-76:OT:RR:NC:N1:113
Mr. Benjamin Savreux
BMS International LLC
594 Broadway, Suite 701
New York City, New York 10012
RE: The tariff classification of folding and rolling ramps made in China
Dear Mr. Savreux:
In your letter dated July 12, 2021, you requested a tariff classification ruling. Descriptions, photographs and a sample of the subject ramps were submitted for our review.
The articles under consideration are identified as Aluminum Folding and Rolling Ramps which feature four foldable panels, a strong handle, and 600 lb. capacity. The ramps are made from high strength, lightweight aluminum and are designed to be portable for handicapped users. The folding and rolling ramps are available in five sizes that measure 48" in length x 28.7" in width, 59.9" in length x 28.7" in width, 71.9" in length x 28.7" in width, 84" in length x 28.7" in width, and 96" in length x 28.7” in width. The width of the ramp accommodates most doorway openings, and the tapered curbs allow exterior doors to open without hitting the ramp. The ramps have a grid-textured surface to provide safe speed control when rolling down and greater traction for wheelchairs even when wet, and an anti-slip mat on the top to prevent it from falling. You indicated that the primary use of the Aluminum Folding and Rolling Ramps is to help disabled people retain their mobility and quality of life.
You stated in your letter that “The ramp can be transported in a car trunk to accompany a person in a wheelchair during all of his movements and to allow access to any building which is not adapted for a handicapped person…Even if this ramp is meant to be portable for handicapped users, it can also be fixed to the ground of chronically handicapped people’s residence to limit the obstacles of daily life…Depending on the size of the ramp, between one and three stair steps that were blocking access to the disabled person can be overcome.” Each individual box ready for retail sale includes a ramp and a manual with advice for the use and maintenance of the ramp.
The applicable subheading for the Aluminum Folding and Rolling Ramps 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 Aluminum Folding and Rolling 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 oneself, 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 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 Aluminum Folding and Rolling Ramps under consideration allow wheelchairs to access entryways, patios, and similar areas easily and safely in and around the home or other living spaces. The subject ramps provide a smooth rolling surface that facilitates access to vehicles and buildings for people who are using wheelchairs to assist in their movements. In HQ 557712 dated June 27, 1994, and HQ 557798 dated June 17, 1994, Customs determined that various wheelchairs are specifically designed and adapted for handicap use. We note that the ramps in question facilitate the safe movement of wheelchairs in and out of buildings and are marketed to the chronically disabled.
In HQ 556449 dated May 5, 1992, Customs 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 Aluminum Folding and Rolling 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 Aluminum Folding and Rolling 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 on the World Wide Web at https://hts.usitc.gov/current. This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ann [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division