CLA-2-83:OT:RR:NC:N5:121
Chinwei Huang
Philadelphia Hardware Group
6590 Top Gun Street
San Diego, CA 92121
RE: The tariff classification and eligibility under the Nairobi Protocol of steel and aluminum exit devices
from Taiwan
Dear Mr. Huang:
In your letter dated September 25, 2025, you requested a tariff classification and eligibility under the Nairobi
Protocol ruling.
The articles under consideration are several exit door device units: Rim Cylinder Exit Devices item numbers
2500, 7000, and 9500; and Surface Vertical Rod Exit Devices, item numbers 2700, 7100, and 9700. They are
made of an extruded aluminum rail, a steel or stainless-steel chassis, a plated zinc alloy head cover and end
cap, and a steel or stainless-steel latch bolt and strike. These devices function to release the latch to open or
keep closed a door or gate and will be used on certain doors or gates that would require operations by
someone with disabilities. You state the exit devices are made to meet the ADA compliance of 5lb of
operating force.
The applicable subheading for the Rim Cylinder Exit Devices item numbers 2500, 7000, and 9500; and
Surface Vertical Rod Exit Devices, item numbers 2700, 7100, and 9700 will be 8302.41.6045, Harmonized
Tariff Schedule of the United States (HTSUS), which provides for Base metal mountings, fittings and similar
articles… Other mountings, fittings and similar articles, and parts thereof: Suitable for buildings: Other: Of
iron or steel, of aluminum or of zinc… Suitable for interior and exterior doors (except garage, overhead or
sliding doors): Other. The rate of duty will be 3.9 percent ad valorem.
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 one’s self, 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.
You note that these exit devices are “made to meet the ADA compliance of 5lb of operating force.” However,
CBP has consistently held that ADA compliance alone is insufficient to show that an item is “specifically
designed or adapted” for the handicapped under subheading 9817.00.96, HTSUS. See Danze, Inc. v. United
States, 319 F. Supp. 3d 1312, 1326 n.22 (CIT 2018). Instead, CBP examines each item on a case-by-case
basis, balancing several different factors, in determining whether an item was “specifically designed or
adapted” for the handicapped. See H264882 (6/29/2015)
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 (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 Rim Cylinder Exit Devices item numbers 2500, 7000, and 9500; and
Surface Vertical Rod Exit Devices, item numbers 2700, 7100, and 9700 do not satisfy the 5 factors set out by
CBP. We find these devices are available to the general public and are equally suitable for use by the general
public. Additionally, we note that there is no indication at the time of importation that these exit devices are
for use by handicapped persons. As a result, it is the opinion of this office that a secondary classification will
not apply in subheading 9817.00.96, HTSUS.
On March 12, 2025, Presidential proclamation 10895 imposed additional tariffs on certain derivative
aluminum products. Additional duties for derivative aluminum products of 50 percent are reflected in
Chapter 99, headings 9903.85.04, 9903.85.07, and 9903.85.08. Products provided by heading 9903.85.08, as
well as products of Chapter 76 provided by 9903.85.04 and 9903.85.07, will be subject to a duty of 50
percent upon the value of the aluminum content. At the time of entry, you must report the Chapter 99 heading
applicable to your product classification, i.e. 9903.85.08, in addition to subheading 8302.41.6045, HTSUS.
Derivative aluminum articles processed in another country from aluminum articles that were smelted and cast
in the United States, provided for in heading 9903.85.09, are not subject to the additional ad valorem duties.
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 Taiwan will be
subject to an additional ad valorem rate of duty of 20 percent. For products covered by heading 9903.85.08
this additional duty applies to the non-aluminum content of the merchandise. At the time of entry, you must
report the Chapter 99 heading applicable to your product classification, i.e. 9903.02.60, in addition to
subheading 8302.41.6045, 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/.
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 Jennifer Jameson at [email protected].
Sincerely,
(for)
Evan Conceicao
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division