The tariff classification of Telescoping Portable Ramps made in China

N310366 March 23, 2020 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5190; 9817.00.96 Ms. Desiree L. Pasbrig DiscountRamps.com LLC N102 W19400 Willow Creek Way Germantown, WI 53213 RE: The tariff classification of Telescoping Portable Ramps made in China Dear Ms. Pasbrig: In your letter dated March 3, 2020, you requested a tariff classification ruling on Telescoping Portable Ramps. Descriptions, a User Guide and photographs for the ramps being used in various situations were submitted for our review. The articles under consideration are identified in your letter as the Silver Spring TWR Series Telescoping Portable Ramps with a 600 pound weight capacity. These ramps are available in three sizes that include the TWR-V2-3-5 that adjusts from 3’-5’ long, the TWR-V2-7 that adjusts from 4’-7’ long, and the TWR-V2-10 that adjusts from 5.5’-10’ long. The ramps are manufactured from durable, light-weight aluminum and have a 2” non-skid pad on the underside to hold the ramps in place. Each ramp has a pre-drilled hole at the end along with an attached pin that allows the user to attach it more securely. The user needs to pre-drill the required hole in the surface that they will be using. Hardware is not included. These ramps are intended to be semi-permanent once in place. This means that they should be mounted for safest use, but do not become permanent and immovable. You stated in your letter that “These Silver Spring Telescoping Length-Adjustable Ramps provide safe and easy access for 4-wheel wheelchairs or scooters to traverse steps and thresholds around the home and provide access to vehicles like vans and RV’s. The adjustable length and portability allow for multiple uses…Specially designed for safety, these ramps have 1 7/8” high side rails to keep wheels on track, and a grit coat surface for superior traction even when wet.” You suggested classifying the TWR Series Telescoping Portable Ramps in heading 8708, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Parts and accessories of the motor vehicles of headings 8701 to 8705.” Classification of merchandise under the HTSUS is governed by the General Rules of Interpretation (GRIs). GRI 1 states that classification shall be determined according to the terms of the headings and any relative section or chapter notes. The terms of heading 8708, HTSUS, require an item to be solely or principally used with vehicles. Based on the information you supplied and the advertisement materials, the ramps can be used on elevated decks or any elevated surfaces, as well as RVs, and they are not specifically designed for vehicles. As a result, classification of the ramps in heading 8708, HTSUS, is precluded. The applicable subheading for the Silver Spring TWR Series Telescoping Portable Ramps will be 7616.99.5190, HTSUS, which provides for other articles of aluminum, other, other, other, other, other, other. The rate of duty will be 2.5 percent ad valorem.  In your submission you requested consideration of a secondary classification for the subject telescoping portable 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. Although the legislative history of the Nairobi Protocol discusses the concerns of Congress that the design, modification or adaptation of an article must be significant so as to clearly render the article for use by handicapped individuals, no specific definition of these terms was established by Congress. Since it is difficult to establish a clear definition of what is specially designed or adapted, various factors must be utilized on a case-by-case basis to determine whether a given article is specially designed or adapted within the meaning of this statute. In T.D. 92-77, dated August 3, 1992 (26 Cust. Bull. 35, dated August 26, 1992), Customs set forth its position regarding certain issues arising under the Nairobi Protocol. The first issue concerned the interpretation of the term specially designed or adapted. Customs pointed out that a primary factor to be considered in determining whether an article was specially designed and adapted was whether the article was easily distinguishable, by properties of the design and the corresponding use specific to this unique design, from articles useful to non-handicapped individuals. Therefore, if an article is solely dedicated for use by the handicapped it is Customs position that this would be conclusive evidence that the article is specially designed or adapted for the handicapped for purposes of the Nairobi Protocol. You stated that the TWR Series Telescoping Portable Ramps in question “provide a safe and smooth rolling surface that facilitates access to automobiles and throughout personal living spaces for people who are using rolling devices - either wheelchairs or scooters - to assist their movement.” In HQ 557734 dated April 18, 1994, CBP determined that walkers are specially designed and adapted for handicap use, and HQ 557712 dated June 27, 1994, and HQ 557798 dated June 17, 1994, established that various wheelchairs are designed and adapted for handicap use. We note that the subject ramps facilitate the safe movement of wheelchairs and scooters in and out of buildings and are marketed to the chronically disabled. In HQ 556449 dated May 5, 1992, 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. You indicated that “We market our Silver Spring mobility products to the chronically disabled who are using mobility aids to retain some freedom of movement. We believe the general public would have no need for these and would not invest money in products like these.” Based on the information provided, it is the opinion of this office that the Silver Spring TWR Series Telescoping Portable Ramps under consideration are specifically designed for use by the handicapped for secondary classification purposes. In our view, the ramps satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Therefore, we agree that a secondary classification would apply to the Silver Spring TWR Series Telescoping Portable Ramps under 9817.00.96, HTSUS, and will be free of duty and the Merchandise Processing Fee (MPF) upon importation into the United States. 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 on the World Wide Web at https://hts.usitc.gov/current.This ruling is being issued under the provisions of Part 177 of the Customs 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, contact National Import Specialist Ann Taub@cbp.dhs.gov.Sincerely,Steven A. MackDirectorNational Commodity Specialist Division