CLA-2-63:OT:RR:NC:N3:351
Mrs. Jodine Boothby
Gummee Limited
Trehare, Harewood
Calstock PL189SQ
United Kingdom
RE: The tariff classification of a mouthing glove and a storage/laundry bag from China
Dear Mrs. Boothby:
In your letter dated August 20, 2025, you requested a tariff classification ruling. Samples of the product were
provided to this office and will be retained for training purposes.
The sample, described as a “Gummee Mouthing Glove,” is a textile hand-worn mouthing aid designed to
calm and comfort children and adults with autism spectrum disorder (ASD), oral-sensory seeking behaviors,
hypotonia, limited fine-motor control, dementia, attention-deficit/hyperactivity disorder (ADHD), Down
syndrome, Rett syndrome, sensory processing disorder (SPD), palsy, Alzheimer’s, and developmental delays.
The item covers the hand, with no separation for the thumb, and is composed of three layers: 100 percent
polyester fiberfill sandwiched between two layers of 100 percent cotton woven dyed turquoise blue fabric. It
features a hook and loop closure at the wrist, a silicone teether sewn on both sides, a black and white crinkle
patch sewn on the front, and a removable silicone purple heart shaped chew ring. The heart shaped chew ring
is attached to the item by a plastic popper located on the inside top pocket. It also features a “Gummee
Glove” logo embroidered on the front and a “G” embroidered on the back. The item is available in four
sizes: small measuring 6 inches in length by 3 inches in width; medium, measuring 6 inches in length by 3 ¾
inches in width; large, measuring 8 inches in length by 4 ¼ inches in width; X-large, measuring 9 ½ inches in
length by 6 inches in width. You state the sizes will accommodate toddlers through adults and the SKU
number will be delineated by the size (S, M, L, XL) of the item. It will be imported together with a
storage/laundry bag. The bag is composed of 100 percent polyester woven dyed turquoise blue fabric. The
rectangular shaped bag is sewn on three sides. The open end is hemmed and features a drawstring closure.
The storage/laundry bag is available in four sizes: small measuring 7 inches by 6 ¼ inches, medium
measuring 7 ½ inches by 6 ½ inches, large measuring 8 ¼ inches by 7 ½ inches, X large measuring 11 inches
by 8 ½ inches.
The applicable subheading for the “Gummee Mouthing Glove” and storage/laundry bag will be
6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made
up articles, including dress patterns: Other: Other: Other: Other: Other.” The general rate of duty will be 7
percent ad valorem.
In your submission you also requested consideration of a secondary classification under subheading
9817.00.96, HTSUS, which provides for “Articles specifically 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.” We disagree. We hold the opinion that these items are not “specifically designed
or adapted” for the handicapped and that they are general enough in nature that they lack the characteristics
“that create a substantial probability of use by the chronically handicapped” and are not “easily
distinguishable from articles useful to the general public,” to the extent that the “use thereof by the general
public is so improbable that it would be fugitive.” See Implementation of the Nairobi Protocol, T.D 92-77,
Customs Bulletin & Decisions Volume 26, 1992. Therefore, the secondary classification of 9817.00.96,
HTSUS, would not apply to the mouthing glove.
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 6307.90.9891, 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 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, i.e. 9903.01.25, in addition
to subheading 6307.90.9891, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 6307.90.9891, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e.,
9903.88.15, in addition to subheading 6307.90.9891, 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, available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively.
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 Kristine Dodge at [email protected].
Sincerely,
(for)
Denise Faingar
Acting Director
National Commodity Specialist Division