CLA-2-73:OT:RR:NC:N5:113
Ms. Laura Oliver
A.N. Deringer, Incorporated
167 West Service Road
Champlain, NY 12919
RE: The tariff classification of support poles from China
Dear Ms. Oliver:
In your letter dated August 28, 2024, on behalf of HealthCraft Products Inc., you requested a tariff classification ruling. Product descriptions and pictures of the support poles were submitted for our review.
The three articles for which you are requesting a ruling are identified as the UPOLE-PB-CW Support Pole with Pivoting and Locking Bar, UPOLE-P-CW Support Pole, and UPOLE-BKIT-CW Pivot Bar Add on Kit. The UPOLE-PB-CW is a heavy gauge steel floor to ceiling support pole that has a horizontal rail that can pivot and lock in five positions that are each 45 degrees apart. The pivot feature can be unlocked by lifting the horizontal rail and relocked by releasing the rail. The horizontal rail is constructed of 1.5 inch tubing and extends 16 inches from the vertical pole. The support pole is installed using a tension fit with non-marking rubber pads on the ceiling plate and base plate. The support pole is constructed of 1.5 inch tubing and has a weight capacity of 300 pounds. The UPOLE-PB-CW Support Pole with Pivoting and Locking Bar is designed for people with loss of balance and mobility issues, with medical conditions that may cause dizziness, and with physical limitations such as limited range of motion. The UPOLE-PB-CW can provide secure and adjustable support anywhere in the home. It allows the user to safely move from a bed, chair, wheelchair, or toilet.
The UPOLE-P-CW is a floor to ceiling support pole of steel construction that is installed using a tension fit with non-marking rubber pads on the ceiling plate and base plate. The support pole is constructed of 1.5 inch tubing. The UPOLE-P-CW has a maximum weight capacity of 300 pounds, rail diameter of 1.25 inches, and wall clearance of 1.5 inches. The ceiling height is 82.5 inches to 122.5 inches. The UPOLE-P-CW Support Pole is designed to be installed between a structural floor and ceiling. It is primarily intended for moderate vertical load bearing to provide sitting and standing support for people with reduced mobility.
The UPOLE-BKIT-CW Pivot Bar Add on Kit is a pivoting and locking horizontal bar that connects to the uPole (floor to ceiling safety pole). It is made of steel and can be lifted, pivoted and lowered to the next locking position around the uPole. The Pivot Bar can be used to support the user in any of the eight lowered positions (every 45 degrees). The Pivot Bar has a diameter of 1.5 inches and a maximum weight capacity of 300 pounds. You indicated that the UPOLE-BKIT-CW is primarily intended to provide 360-degree support to the uPole. It easily rotates and locks in eight support positions and can be moved out of the way when not in use. The rail diameter is 1.5 inches for optimizing grip.
You stated in your letter that the UPOLE-PB-CW Support Pole with Pivoting and Locking Bar, UPOLE-P-CW Support Pole, and UPOLE-BKIT-CW Pivot Bar Add on Kit are compliant with the American Disabilities Act (ADA) having a weight capacity of 300 pounds for supporting the weight of a person with disabilities, exceeding ADA guidelines of 250 poundsThese products are sold to access remodelers to adapt homes for elderly/disabled persons and medical equipment stores. HealthCraft Products Inc. manufactures items designed to focus on fall prevention and to promote safety for disabled persons.
We considered your suggestion that these support poles could be classified as Base metal mountings, fittings and similar articles Suitable for buildings under subheading 8302.41.6080, HTSUS. You suggested that the subject support poles were a similar type of product as the wall mounted safety bars as discussed in ruling N304830 dated June 19, 2019. We disagree with that suggestion. Instead, we find that these subject HealthCraft portable support poles are similar to another HealthCraft product, the SuperPole, as discussed in ruling H88922 dated March 20, 2002. The SuperPole in H88922 is described as "a floor-to-ceiling, steel pole that can be installed in any room by compression between the floor and ceiling under simple jackscrew expansion. It is suitable for clients with mild weakness who require minimal aid in standing or maintaining balance." The SuperPole was classified in heading 7326 as an "Other article or iron or steel."
Heading 7326, HTSUS, is a residual or basket provision which covers a wide range of iron or steel articles that are not more specifically provided for elsewhere/in any other heading in the HTSUS. The Explanatory Notes for 73.26 state that This heading covers all iron or steel articles obtained by forging or punching, by cutting or stamping or by other processes such as folding, assembling, welding, turning, milling or perforating other than articles included in the preceding headings of this Chapter or covered by Note 1 to Section XV or included in Chapter 82 or 83 or more specifically covered elsewhere in the Nomenclature. An article of iron or steel would be classified in heading 7326 if it was determined that the item is not more specifically provided for in any other heading of the tariff.
Noting that the UPOLE-PB-CW Support Pole with Pivoting and Locking Bar, UPOLE-P-CW Support Pole, and UPOLE-BKIT-CW Pivot Bar Add on Kit are not more specifically provided for under heading 8302, they would be classified under heading 7326, HTSUS, because they are not more specifically provided for under another heading of the tariff.
The applicable subheading for the UPOLE-PB-CW Support Pole with Pivoting and Locking Bar, UPOLE-P-CW Support Pole, and UPOLE-BKIT-CW Pivot Bar Add on Kit will be 7326.90.8688, HTSUS, which provides for Other articles of iron or steel; OtherOther. The rate of duty will be 2.9 percent ad valorem.
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/.
In your submission you requested consideration of a secondary classification 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.
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 one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working. U.S. Note 4(a), Subchapter XVII, Chapter 98, HTSUS. Subheading 9817.00.96, HTSUS, excludes (i) articles for acute or transient disability; (ii) spectacles, 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. Sigvaris, 899 F.3d at 1314.
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 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 UPOLE-PB-CW Support Pole with Pivoting and Locking Bar, UPOLE-P-CW Support Pole, and UPOLE-BKIT-CW Pivot Bar Add on Kit do satisfy the 5 factors set out by CBP. As a result, it is the opinion of this office that a secondary classification will apply in subheading 9817.00.96, HTSUS, as specially designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped (except articles for the blind), free of duty (if any) and user fees (if any).
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division