The tariff classification of threshold ramps made in China

N310894 April 13, 2020 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5190; 9817.00.96 Ms. Desiree Pasbrig Discount Ramps.com/Motis Brands N102 W19400 Willow Creek Way Germantown, Wisconsin 53022 RE: The tariff classification of threshold ramps made in China Dear Ms. Pasbrig: In your letter dated March 25, 2020, you requested a tariff classification ruling on threshold ramps. Descriptions, a guide, details of the manufacturing process and photographs of the subject ramps being used around the home on various surface types were submitted for our review. The articles under consideration are identified in your letter as the Silver Spring Series Solid Threshold Ramps with a 600 pound weight capacity. These ramps are available in multiple sizes that measure 8”x 32”, 10”x 32”, 12”x 32”, 16” x 32”, 24”x 32”, 16”x 36” and 24”x 36”. The ramps are manufactured from durable, light-weight aluminum. They fit standard doorway openings of 32" and 36", and are designed so that doors may swing over them unimpeded. Each ramp has pre-drilled holes that allow the user to mount it securely. Hardware is not included due to the variety of possible surfaces to mount to. If the user chooses not to mount the ramp, it is small and easy to carry so that the ramp could be taken to other peoples’ homes when the user is visiting. You stated in your letter that “These Silver Spring Solid Threshold Ramps are marketed to consumers for fitting areas around the home for safe and easy access of their wheelchair or scooter. (Some businesses seeking to provide ADA-required access may also purchase and use ramps like these for thresholds within a building.) Specially designed to provide easy access over doorway thresholds and short rises, the grit-coat surface provides good traction.” The applicable subheading for the Silver Spring Solid Threshold Ramps will be 7616.99.5190, Harmonized Tariff Schedule of the United States (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 threshold 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 “In the case of the group of ramps described above, we believe that the very nature of the ramp is to provide a smooth rolling surface that facilitates access to buildings for people who are using rolling devices to assist their movement – either wheelchairs, walkers, or scooters; whether manually operated or powered. Ramps can be used in private homes, or by businesses for purposes of making their entryways ADA compliant. Rulings such as HQ 557734 have already established that walkers are specially designed and adapted for handicap use, and HRL 557712 and 557798 have established that various wheelchairs are designed and adapted for handicap use. Our ramp products facilitate the safe movement of those walkers, wheelchairs and scooters across many kinds of thresholds and short rises.” 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. Based on the information provided, it is the opinion of this office that the Silver Spring Series Solid Threshold 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 Series Solid Threshold 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