OT:RR:NC:N1:104
Christopher Pesek
Peak Degrees, LLC
401 N. Carroll Avenue, Suite 170
Southlake, TX 76092
RE: The eligibility of a reaching aid under 9817.00.96 as an article for the handicapped
Dear Mr. Pesek:
In your letter dated June 25, 2025, you requested a ruling to determine the eligibility of a reaching aid from
China for duty-free treatment under subheading 9817.00.96, Harmonized Tariff Schedule of the United States
(HTSUS).
The item under consideration is the StrongArm reaching aid used to retrieve objects beyond an individual’s
reach or for picking articles off the floor. It consists of foldable aluminum tube with a plastic pistol-grip
handle and trigger mechanism at one end and a spring-operated gripping jaw mechanism at the
other. Attached to the bottom of the reaching aid’s handle is a foam padded curved aluminum tube, referred
to as a forearm cradle. This curved tube is said to reduce strain on the wrist and provide additional leverage
and stability when lifting heavier or bulkier objects.
You maintain that the inclusion of the forearm feature distinguishes the StrongArm reaching aid from
standard reaching aids and is uniquely beneficial to disabled or handicapped persons. You suggest that this
added design feature transforms what is otherwise an ordinary reacher tool into an article specially designed
or adapted for the handicapped within the meaning of subheading 9817.00.96, HTSUS. We disagree.
The Nairobi Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials
of 1982, Pub. L. No. 97-446, 96 Stat. 2329, 2346 (1983) established the duty-free treatment for certain
articles for the handicapped. Presidential Proclamation 5978 and Section 1121 of the Omnibus Trade and
Competitiveness Act of 1988, provided for the implementation of the Nairobi Protocol into subheadings
9817.00.92, 9817.00.94, and 9817.00.96, HTSUS.
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.” Eligibility within subheading 9817.00.96 depends on whether the article is
“specially designed or adapted for the use or benefit of the blind or physically and mentally handicapped
persons.” See Headquarters Ruling H327276, dated February 25, 2004.
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 one’s self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, or working.” U.S. Note 4(a), Subchapter XVII, Chapter 98, HTSUS. A “substantial
limitation” means a considerable amount or to a large degree. See H327276 (and authorities cited therein).
As noted in H327276, the first question is for whose use and benefit (if anyone’s) is the article specially
designed, and then, whether those individuals are physically handicapped. Stated differently, CBP must
consider whether such individuals are suffering from a permanent or chronic physical or mental impairment
which substantially limits one or more major life activities. Id. 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.” Id. To determine whether an article is “specially designed” for the use or benefit of a class
of persons to an extent greater than for others, CBP applies five factors: (1) physical properties of the article
itself (e.g., whether the article is easily distinguishable in design, form and use from articles useful to
non-handicapped persons); (2) presence of any characteristics 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) importation by
manufacturers or distributors recognized or proven to be involved in this class or kind of articles for the
handicapped; (4) sale in specialty stores that serve handicapped individuals; and (5) indication at the time of
importation that the article is for the handicapped. Id.
While the StrongArm reaching aid’s forearm rest not typically found on traditional reacher aids, this added
feature is useful to any user for picking up heavier or bulkier items. This would include non-handicapped
individuals such as the elderly, those in nursing homes, those with weak hands, or temporary or transient
physical impairments or challenges. So, while the StrongArm reaching aid may indeed be beneficial to a
disabled or handicapped person, it is just as beneficial to any member of the public requiring additional
leverage and stability to reach and lift heavier or bulkier objects. In this regard, we find that the use of the
StrongArm reaching aid by a non-handicapped person is not so improbable that it would be considered
fugitive. The inclusion of the forearm cradle does not make this reaching aid easily distinguishable from the
types of reacher tools used by non-handicapped persons.
Additionally, the StrongArm reaching aid and similar articles are marketed and sold not only to those who
are handicapped or disabled, but to members of the public such as seniors, those with weak hands, and others
who desire enhanced ergonomic control and support in lifting objects. The company’s website states that
“[t]he StrongArm reacher’s added leverage empowers you to access a wider range of items up to 32 inches
away with ease, reducing the need for strenuous bending, stretching and with minimal strain on your hand
and wrist.” This added leverage would be beneficial to wide range of persons, not just the handicapped.
Finally, there is no indication at the time of importation that StrongArm reaching aid is exclusively for the
handicapped.
We would also note that subheading 9817.00.96, HTSUS excludes articles for acute or transient disabilities.
See U.S. Note 4(b), Subchapter XVII, Chapter 98, HTSUS. Your submission highlights in general terms the
use of the reaching aid by those individuals suffering a loss of dexterity, mobility, and strength, but such
conditions are not unique to handicapped or disabled persons; this could just as well describe a transient or
acute condition experienced by an accident victim or one recovering from a medical procedure.
In sum, we find that the StrongArm reaching aid is not “specifically designed or adapted” for the
handicapped. Rather, virtually any member of the general public could benefit from the enhanced leverage
and stability afforded by the forearm cradle when lifting a heavy or bulky object.
Accordingly, the StrongArm reaching aid does not satisfy the description set forth in Chapter 98, Subchapter
XVII, U.S. Note 4(a). Therefore, the secondary classification under subheading 9817.00.96, HTSUS would
not apply to this product.
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/.
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 Arthur Purcell at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division