CLA-2-87:OT:RR:NC:N2 201
Tina Richards
A.N. Deringer, Inc.
173 W Service Rd
Champlain, NY 12912
RE: The tariff classification of a hubs and rims for wheelchairs from China
Dear Ms. Richards:
In your letter dated May 22, 2025, you requested a tariff classification ruling on behalf of Spinergy, Inc., La
Costa Meadows, CA.
The first article under consideration has been identified as the “Every Day and Sports Wheelchair Rims/Push
Rims.” The rims are made of 6061-T6 aluminum with either no finish, a black anodized finish, or a clear
finish. You claim that the wheelchair rims and push rims are specially designed and built for use for the
permanently disabled whether for sport (wheelchair basketball, tennis, lacrosse, rugby, etc.) or as a lighter
option for everyday use.
The second article under consideration is identified as “Wheelchair Hubs.” You state that these hubs have
been specially designed for use with the above wheelchair rims. The hubs feature a recessed cavity that
protects the axle quick release button from being accidently depressed. They are made of 6061-T6 aluminum
with either no finish, a black anodized, or a clear finish. The hubs incorporate two (2) R8 bearings which are
press fit into the hub.
The applicable subheading for the “Every Day and Sports Wheelchair Rims/Push Rims.” and “Wheelchair
Hubs” will be 8714.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for
“Parts and accessories of vehicles of headings 8711 to 8713: Of carriages for disabled persons”. The rate of
duty will be Free.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 8714.20.0000, HTSUS, listed above.
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 from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading
8714.20.0000, 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/.
In your submission, you requested consideration of a secondary classification for the subject wheelchair hubs
and rims under 9817.00.96, HTSUS, which covers: Articles specially designed or adapted for the use or
benefit of the blind or other physically or mentally handicapped persons; parts and accessories (except parts
and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the
foregoing articles: Other.
Subheading 9817.00.96, HTSUS, covers: “Articles specially designed or adapted for the use or benefit of the
blind or other physically or mentally handicapped persons; parts and accessories (except parts and
accessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in the
foregoing articles . . . Other.” The term “blind or other physically or mentally handicapped persons” includes
“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.” U.S. Note 4(a), Subchapter XVII, Chapter 98, HTSUS.
Subheading 9817.00.96, HTSUS, excludes “(i) articles for acute or transient disability; (ii) spectacles,
dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic
articles; or, (iv) medicine or drugs.” U.S. Note 4(b), Subchapter XVII, Chapter 98, HTSUS.
In Sigvaris, Inc. v. United States, 227 F. Supp 3d 1327, 1336 (Ct. Int’l Trade 2017), aff’d, 899 F.3d 1308
(Fed. Cir. 2018), the U.S. Court of International Trade (CIT) explained that “specially” means “to an extent
greater than in other cases or towards others” and “designed” means something that is “done, performed, or
made with purpose and intent often despite an appearance of being accidental, spontaneous, or natural.” We
must first evaluate “for whose, if anyone’s, use and benefit is the article specially designed,” and then,
whether “those persons [are] physically handicapped [].” Sigvaris, 899 F.3d at 1314.
The Court of Appeals for the Federal Circuit clarified in Sigvaris, 899 F.3d at 1314-15 that to be “specially
designed,” the merchandise “must be intended for the use or benefit of a specific class of persons to an extent
greater than for the use or benefit of others” and adopted the five factors used by CBP:
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, the wheelchair hubs and rims will qualify for secondary classification in
subheading 9817.00.96, HTSUS.
The additional duties imposed by 9903.01.24 and 9903.01.25 shall not apply to goods for which entry is
properly claimed under subheading 9817.00.96 of the tariff schedule pursuant to applicable regulations of
U.S. Customs and Border Protection (CBP), and whenever CBP agrees that entry under such a provision is
appropriate.
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 Matthew Sullivan at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division