The tariff classification of tricycles from China

N358448 March 2, 2026 CLA-2-87:OT:RR:NC:N2:201 CATEGORY: Classification TARIFF NO.: 8711.60.0090; 8712.00.5000; 9817.00.96 Wayne Sosin Worksman Cycles PO Box 170732 Ozone Park, NY 11417 RE: The tariff classification of tricycles from China Dear Mr. Sosin: In your letter dated February 2, 2026, you requested a tariff classification ruling. The three (3) items under consideration have been identified as The Bike Chair™ Tricycle-Electric Drive, the Handy Foldable Hand Cycle, and the Micah Adaptive Tricycle. The first item, The Bike Chair™ Tricycle - Electric Drive is an electric drive tricycle with a front passenger seat, seat belt, footrest, side support handles and leg support. The front-passenger tricycle allows an adult passenger to sit securely in front while a caretaker or rider pedals and steers from the rear. The rider in the back maintains full control of steering, braking, and speed. The automotive-style front steering system provides smooth, predictable handling for maximum stability with disc brakes. You state the item provides mobility and quality-of-life enhancements, not treatment, and that it is intended to benefit those persons with a chronic condition (cognitive decline), not an acute/transient disability. The Bike Chair has a 500W direct-drive motor system. Turn the throttle as you would the throttle on a motorcycle to attain the desired speed. The second item, the Handy Foldable Hand Cycle, is a tricycle featuring easy-to-use hand-pedaling, steering, and braking controls. It features a lightweight aluminum frame. Its foldable design allows it to fit in the back of most standard SUVs and it is equipped with a take-apart quick-release. The seat and handlebar are adjustable for proper ergonomic rider positioning and have a suspension cushioning the ride. It has 24 gears and is for persons 4’9” to 6’3” tall, with a maximum weight limit of 243 pounds. You state it is designed for persons with chronic mobility impairments. The third item, the Micah Adaptive Tricycle, is a fixed drive tricycle designed for children and teens with physical and cognitive challenges, such as developmental or cognitive delays affecting coordination, attention, or independent mobility, as well as those with limited lower-body mobility, muscular weakness, or paralysis. The item features back support and adjustable side supports, an adjustable headrest, an adjustable seat and adaptive pedals that ensure safe posture and stability for children. A seatbelt harness prevents falls for users with poor balance or motor control. It is pedal-driven but a rear caregiver steering unit allows the caregiver the option to control the direction while walking behind the tricycle. It is suitable for riders with a minimum height of 57 inches (approx. 145 cm) and can support a maximum weight of up to 220 pounds. The applicable subheading for the Bike Chair™ Tricycle - Electric Drive will be 8711.60.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other.” The general rate of duty will be Free. The applicable subheading for the non-motorized tricycles, the Handy Foldable Hand Cycle and Micah Adaptive Tricycle, will be 8712.00 5000, (HTSUS), which provides for “Bicycles and other cycles (including delivery tricycles), not motorized: Other cycles”. The general rate of duty will be 3.7%. In your submission you requested consideration of a secondary classification under subheading 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 oneself, performing manual tasks, walking, seeing, U.S. Note 4(a), Subchapter XVII, Chapter 98, TSUS. Hearing, speaking, breathing, learning, or working.” Subheading HTSUS, excludes “(i) articles for acute or transient disability; (ii) spectacles,9817.00.96, 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 [].” , 899 F.3d at 1314.Sigvaris 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 following 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 Bike Chair™ Tricycle - Electric Drive and Handy Foldable Hand Cycle do not satisfy the five factors set out by CBP. The Micah Adaptive Tricycle does satisfy the five factors set out by CBP. As a result, it is the opinion of this office that a secondary classification under subheading 9817.00.96, HTSUS, will apply to the Micah Adaptive Tricycle. 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 Sullivan at matthew.sullivan@cbp.dhs.gov. Sincerely, (for) James Forkan Designated Official Performing the Duties of the Division Director National Commodity Specialist Division