CLA-2-76:OT:RR:NC:N1:113
Ms. Desiree L. Pasbrig
DiscountRamps.com LLC
N102 W19400 Willow Creek Way
Germantown, WI 53022
RE: The tariff classification of Aluminum Folding Threshold Ramps made in China
Dear Ms. Pasbrig:
In your letter dated March 6, 2020, you requested a tariff classification ruling on Folding Threshold Ramps. Descriptions and photographs of each size/style ramp being used around the home were submitted for our review.
The articles under consideration are identified in your letter as the Silver Spring SCGPlus Series Aluminum Folding Threshold Ramps that feature a grit coat and have a 600 pound weight capacity. The ramps are available in five sizes that include the SCGPlus-2 that measures 30” in width x 24” in length, SCGPlus-3 that measures 30” in width x 36” in length, SCGPlus-4 that measures 30” in width x 48” in length, SCGPlus-5 that measures 30” in width x 60” in length, and SCGPlus-6 that measures 30”in width x 72” in length. They are all manufactured from high-strength, lightweight aluminum and are used to add a smooth transition to any threshold or small step.
You indicated that the Folding Threshold Ramps are principally used for the handicapped. You stated in your letter that “This ramp has been designed with wheeled mobility aids in mind: a high-traction grit coat surface for added traction and safety even in wet conditions; and side rails help keep wheels safely on the ramp. These ramps allow wheelchairs, power chairs, and scooters to easily and safely overcome short rises, like thresholds, in and around the home or other living spaces. Available in 30 inch width to accommodate most doorway openings.”
These ramps are intended to be portable. The folding hinged design halves the bulk of the width, a closure system secures the two sides of the ramp when folded and a built in handle makes it easy to carry. At the top end of the ramp the sides are sloped to allow outward swinging doors to clear. A predrilled hole at the top end of each ramp along with an attached pin allows users to securely mount the ramp, but keeps it easy to remove and carry to a new location. No other mounting hardware is included due to the variety of possible surfaces to mount to. The consumer is required to purchase any applicable mounting hardware separately.
The applicable subheading for the Silver Spring SCGPlus Series Aluminum Folding Threshold Ramps (including styles SCGPlus-2, SCGPlus-3, SCGPlus-4, SCGPlus-5 and SCGPlus-6) 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 Folding 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 the 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 Folding Threshold Ramps in question “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. These ramps are intended for private/personal use around the home or other living spaces, and are constructed to allow easy portability so they can be used in various locations or taken along on a trip.” 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 believe that the general public would not typically invest money in ramps to retro-fit areas around the home for wheelchair or scooter use. Our Silver Spring Brand of products is a recognized provider of products specifically meant to aid with mobility and safety for the disabled.” Based on the information provided, it is the opinion of this office that the Silver Spring SCGPlus Series Aluminum Folding 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 SCGPlus Series Aluminum Folding 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 [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division