CLA-2-87:OT:RR:NC:N2:201
Christine lam
Mateside Global US Inc.
231 S Pleasant Ave,
Ontario, CA 91761
RE: The tariff classification of a mobility scooter from China
Dear Ms. lam:
In your letter dated August 2, 2025, you requested a tariff classification ruling.
The item under consideration has been identified as the VOCIC D41 Explorer-Swift Compact Lightweight
Mobility Scooter. You state that the scooter is intended for use by individuals with limited lower limb
mobility to travel independently over flat indoor or outdoor surfaces for daily activities.
The four-wheel, battery-powered scooter features the following:
Aluminum and carbon steel frame
Height-adjustable swivel seat
Flip-up armrests for easier side transfers
Non-slip pneumatic tires
Dual braking (mechanical/electromagnetic)
Ergonomic handlebars
180W Brush motor
Maximum 265 lbs. passenger weight
13-mile range
Maximum speed 3.75mph
Headlights
Horn
Reverse beeper
You state that the VOCIC D41 is designed to support users who have limited walking endurance or
insufficient leg strength. The scooter provides a stable, comfortable, and independently controlled way to
move around for errands, community participation, or commuting, which you claim minimizes the need for
caregiver assistance or transportation services.
The applicable subheading for the VOCIC D41 Explorer-Swift Compact Lightweight Mobility Scooter will
be 8703.90.0100, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motor
cars and other motor vehicles principally designed for the transport of persons (other than those of heading
8702), including station wagons and racing cars: Other.” The rate of duty will be 2.5 percent ad valorem.
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 8703.90.0100, 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 of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, 9903.01.25, in addition to
subheading 8703.90.0100, HTSUS, listed above.
Pursuant to U.S. Note 31 (b) to Subchapter III, Chapter 99, HTSUS, effective September 27, 2024, products
of China classified under subheading 8703.90.0100, HTSUS, unless specifically excluded, are subject to an
additional 100 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99
subheading, i.e., 9903.91.03, in addition to subheading 8703.90.0100, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the
status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively.
Additionally, in your submission you requested consideration of a secondary classification 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.
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 g
reater 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.
The Court of Appeals for the Federal Circuit CAFC) 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 U.S. Customs
and Border Protection (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 supplied the VOCIC D41 Explorer-Swift Compact Lightweight Mobility Scooter
does not satisfy the 5 factors set out by CBP. Subheading 9817.00.96 does not cover “articles for acute or
transient disability.” As a result, it is the opinion of this office that a secondary classification in subheading
9817.00.96, HTSUS will not apply.
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 Matthew Sullivan at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division