CLA-2-83:OT:RR:NC:N5:121
Michele Lehat
Grunfeld Desiderio Lebowitz Silverman & Klestadt LLP
599 Lexington Ave Fl 36
New York, NY 10022
RE: The tariff classification of steel grab bars and flange covers from China
Dear Ms. Lehat:
In your letter dated November 5, 2025, you requested a tariff classification ruling on behalf of Bobrick
Washroom Equipment, Inc.
The first item under consideration is described as an ADA-compliant grab bar, B-9806 Series. The grab bar is
made of stainless-steel tubing with a satin finish. The grab bar has a diameter of 1.5 inches (38mm), the
clearance between the grab bar and the wall is 1.5 inches (38 mm), and it can support a load of up to 900 lbs.
You state this product is designed to provide stable support and reduce fall risk in restrooms and other
hygiene-related settings.
Also under consideration are three different stainless-steel flange snap covers, part numbers 6806-9, 5806-9,
and 530-9. You state that these round flange covers are made entirely of stainless steel and must be installed
during the manufacturing or installation process. The flanges provide both functional and water-resistant
benefits that are critical to ADA-compliant performance. These will be imported separately and incorporated
into U.S.-manufactured grab bars as detailed below.
Part number 6806-9 has an outside diameter of 3.25 inches, and an internal hole diameter of 1.560
inches. It is used for the U.S - Bobrick grab bar series 6806, 150S, and configured and special grab bars
that measure 1.5 inches in diameter, have a clearance between the grab bar and the wall that is 1.5
inches, and can support a load of up to 900 lbs.
Part number 5806-9 has an outside diameter of 3.25 inches, and an internal hole diameter of 1.310
inches. It is used for the U.S - Bobrick grab bar series 5806, 125S, and configured and special grab bars
that measure 1.25 inches in diameter, have a clearance between the grab bar and the wall that is 1.5
inches, and can support a load of up to 900 lbs.
Part number 530-9 has an outside diameter of 3.25 inches, and an internal hole diameter of 1.060
inches. It is used for the U.S - Bobrick grab bar series 530, 100S, and configured and special grab bars
that measure 1 inch in diameter, have a clearance between the grab bar and the wall that is 1.5 inches,
and can support a load of up to 900 lbs.
The applicable subheading for the ADA-compliant grab bar, B-9806 Series will be 8302.41.6080,
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… Other. The general rate of duty will be 3.9
percent ad valorem.
The applicable subheading for the stainless-steel flange snap covers, part numbers 6806-9, 5806-9, and
530-9, will be 7326.90.8688, HTSUS, which provides for Other articles of iron or steel: Other: Other: Other:
Other: Other. The general rate of duty will be 2.9 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 10 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 subheadings 8302.41.6080 or 7326.90.8688, HTSUS, listed above.
On March 12, 2025, Presidential Proclamation 10896 imposed additional tariffs on certain derivative iron or
steel products. Additional duties for derivative iron or steel products of 50 percent are reflected in Chapter
99, headings 9903.81.89, 9903.81.90, and 9903.81.91. Products provided by heading 9903.81.91, as well as
products of Chapter 73 provided by 9903.81.89 and 9903.81.90, will be subject to a duty of 50 percent upon
the value of the steel content. At the time of entry, you must report the Chapter 99 heading applicable to your
product classification, i.e. 9903.81.90, in addition to subheading 7326.90.8688, HTSUS; or 9903.81.91,
HTSUS, in addition to subheading 8302.41.6080, HTSUS. Derivative iron or steel products processed in
another country from steel articles melted and poured in the United States, provided for in heading
9903.81.92, 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 China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. Your product falls
within an excepted subheading. At the time of entry, you must report the Chapter 99 heading applicable to
your product classification, i.e. 9903.01.33, in addition to subheadings 7326.90.8688 or 8302.41.6080,
HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheadings 7326.90.8688 or 8302.41.6080, HTSUS, unless specifically excluded, are subject to an
additional 25 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99
subheading, i.e., 9903.88.03, in addition to subheadings 7326.90.8688 or 8302.41.6080, 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.
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.
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 ADA-compliant grab bar, B-9806 Series, and the stainless-steel flange
snap covers, part numbers 6806-9 and 5806-9 satisfy the 5 factors set out by CBP. As a result, it is the
opinion of this office that a secondary classification for those products will apply in subheading 9817.00.96,
HTSUS. However, the stainless-steel flange snap cover, part number 530-9, only accommodates a grab bar
that is 1 inch in diameter, which would not qualify for duty-free treatment under subheading 9817.00.96.
Therefore, the associated snap cover, part number 530-9 will not qualify for the duty-free treatment either.
The additional duties imposed by 9903.01.24, 9903.01.25, and 9903.88.03 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 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)
Deborah Marinucci
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division