CLA-2-76:OT:RR:NC:N1:113
Ms. Desiree L. Pasbrig
Motis Brands d.b.a. DiscountRamps.com LLC
N102 W19400 Willow Creek Way
Germantown, WI 53022
RE: The tariff classification of ARR Series Silver Spring Aluminum Roll-Up Ramps with Carrying Bags made in China
Dear Ms. Pasbrig:
In your letter dated March 20, 2023, you requested a tariff classification ruling on ARR Series Silver Spring Aluminum Roll-Up Ramps with Carrying Bags. Descriptions and photographs of each size/style ramp were submitted for our review.
The articles under consideration are identified in your letter as Silver Spring ARR Series Aluminum Roll-Up Ramps with Carrying Bags that are comprised of pre-assembled aluminum ‘sectional’ roll-up ramps, two safety side rails and cloth carrying bags. The ramps are available in two sizes that include part number ARR-3 that measures 29.9” in width x 36” in length x 2” in height and part number ARR-5 that measures 29.9” in width x 60” in length x 2” in height. Each ramp is manufactured from high-strength, light weight aluminum and has a 600 lb. weight capacity.
You indicated that the Aluminum Roll-Up Ramps are principally marketed to and used by the chronically disabled. You stated in your letter that “This family of ramps has been designed to be very easily moved from place to place around a home, or taken along when travelling, to allow wheelchair, power chair, and scooter users to easily and safely overcome small heights, allowing affordable every-day access to common living spaces.”
You stated, “The user simply unrolls the ramp section and attaches the side rails with clamps mounted on the underside of the ramp. The side rails are 2” high and provide both rigidity and guidance to keep the user on the ramp.” A cloth carrying bag is included with the Aluminum Roll-up Ramps. Mounting hardware is not included, as these ramps are intended to be portable.
The applicable subheading for the Silver Spring Aluminum Roll-Up Ramps with Carrying Bags (including ARR-3 and ARR-5) 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 ARR series Silver Spring Aluminum Roll-Up 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 the 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 Silver Spring ARR Series Aluminum Roll-Up 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. These ramps are intended for private/personal use around the home or other living spaces and are constructed to allow easy portability so they can be used in various locations or taken along on a trip.” 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 wheelchairs and scooters in and out of buildings and are marketed to the chronically disabled.
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.
You indicated that “We believe that the general public would not typically invest money in ramps to retro-fit areas around the home for wheelchair or scooter use. Our Silver Spring Brand of products is a recognized provider of products specifically meant to aid with mobility and safety for the disabled.” Based on the information provided, it is the opinion of this office that the Silver Spring Aluminum Roll-Up Ramps with Carrying Bags (part numbers ARR-3 and ARR-4) 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 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 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 Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division