CLA-2-76:OT:RR:NC:N1:113
Samantha Heth
DT & J Inc dba Roll-A-Ramp
1816 4th Ave. NW, Unit C
West Fargo, ND 58078
RE: The tariff classification of ramp segments for accessibility ramps from China
Dear Ms. Heth:
In your letter dated April 16, 2026, you requested a tariff classification ruling. Informational material was
submitted with your request.
The items under consideration are ramp segments for Roll-A-Ramp’s A45237 series of accessibility ramps.
These ramps provide a versatile, portable aluminum ramp system designed for wheelchairs, scooters, and
walkers. The ramp segments provide the primary structure and indispensable physical qualities the finished
ramps rely on to function. Each segment measures 6 inches (in.) in length, with varying widths of 22.75 in.,
26 in., 36 in., or 48 in. resembling a rectilinear stair tread. The treads for each segment feature evenly spaced
oval perforations and parallel non-slip serrations on its surface to provide traction. Each segment also has two
aluminum flange plates on each side extending below and above the tread. The area below the tread has two
bolt holes where the hardware is installed to ultimately assemble the ramp, and the area above defines the
edge of the tread and the ramp overall. These features are instrumental in ensuring individuals and their
equipment can safely transverse the finished ramp from end to end mitigating tripping and falling hazards.
When assembled into a ramp, the overall length will be determined by the number of segments that are
combined together, and the width will depend on the customer’s order and means for accessibility. Each
ramp features a unique roll-up design for easy transport and storage and are designed to accommodate a load
of 1,000 pounds.
Heading 7616, Harmonized Tariff Schedule of the United States (HTSUS), is a residual or basket provision
which covers a wide range of aluminum articles that are not more specifically provided for elsewhere in the
HTSUS. The Explanatory Notes (ENs) to heading 7616 state that “This heading covers all articles of
aluminum other than those covered by the preceding headings of this Chapter, or by Note 1 to Section XV, or
articles specified or included in Chapter 82 or 83, or more specifically covered elsewhere in the
Nomenclature.” An article of aluminum can be classified in heading 7616, HTSUS, if it is determined that
the item is not more specifically provided for in any other heading of the tariff. The ramp segments are not
specifically covered elsewhere in the tariff. Accordingly, they are classifiable in heading 7616, HTSUS.
The applicable subheading for the ramp segments will be 7616.99.5190, HTSUS, which provides for “Other
articles of aluminum: Other: Other: Other: Other: Other.” The general rate of duty will be 2.5 percent ad
valorem.
In your submission you requested consideration of a secondary classification for the subject accessibility
ramps 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. Chapter
98, Subchapter XVII, U.S. Note 4(a), HTSUS, defines the term blind or other physically or mentally
handicapped persons as including “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.”
The primary issue is whether the article is specially designed or adapted for the use or benefit of the
handicapped within the meaning of Nairobi Protocol. The Nairobi Protocol to the Agreement on the
Importation of Educational, Scientific, and Cultural Materials Act of 1982, 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. These tariff provisions specifically state
that “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 article are eligible for duty-free
treatment.”
In Headquarters Ruling Letter 556449, dated May 5, 1992, U.S. Customs and Border Protection (CBP) set
forth five factors it would consider in determining whether an article is specially designed or adapted for the
use or benefit of handicapped persons. These factors include: (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.
Roll-A-Ramp is a vendor that specializes in selling and assembling accessibility ramps. The ramp segments
for series A45237 have physical properties and characteristics that facilitate accessibility and are imported
with those features. The ruling request also cites a previous ruling issued to Roll-A-Ramp, New York ruling
K82007, dated January 14, 2004, which concerned a complete Roll-A-Ramp system that was found to be
eligible for a secondary classification under 9817.00.96, HTSUS. Therefore, the ramp segments for
Roll-A-Ramp’s A45237 series qualify for duty-free treatment under subheading 9817.00.96, HTSUS.
The 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/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at
https://www.cbp.gov/trade/programs-administration/trade-remedies.
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 Gay at [email protected].
Sincerely,
(for)
James P. Forkan
Director
National Commodity Specialist Division