H348400

H348400 August 20, 2025 OT:RR:CTF:VSP H348400 ACH CATEGORY: Classification TARIFF NO.: 9817.00.96 Ignacio Alcorisa Improving Mobility Development Corp. Carrer de la Coma 19 46160 Lliria, Valencia, 46010, Spain RE: Applicability of Subheading 9817.00.96, HTSUS; Scooters Dear Mr. Alcorisa: This is in response to your request, dated May 14, 2025, for reconsideration of New York Ruing Letter (NY) N347694, dated May 7, 2025. In that ruling, U.S. Customs and Border Protection (“CBP”) determined that three scooters were not eligible for duty-free treatment under subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS). CBP determined that the scooters did not satisfy the five factors included in Sigvaris, Inc. v. United States, 227 F. Supp 3d 1327, 1336 (C.I.T. 2017), aff’d, 899 F.3d 1308 (Fed. Cir. 2018), discussed below. We have reviewed NY N347694 and determined that it is correct, and for the reasons set forth below we are affirming that ruling. Improving Mobility Development Corp. (“Improving Mobility”) is importing the following three mobility scooters: • PEPE Lightweight Scooter- The PEPE Lightweight Scooter is designed to be operated by the user, who steers the scooter with both hands on the handlebar. The front wheels are slightly smaller than the rear wheels. The seat measures 42 by 38 cm and includes a manual brake system that allows the wheels to be locked when the scooter is stationary, as well as two speed controllers: forward and reverse. The scooter folds for easy storage after use. The folding scooter is also equipped with a front light and horn. The PEPE folding scooter video advertisement features users folding and unfolding the scooter. The battery capacity is 10Ah, and the scooter weighs 22.5 kg including the battery. It supports a maximum user weight of 120 kg and a maximum speed of 4.3 mph. • PEPE High-Performance Scooter- The PEPE High-Performance Scooter is designed to be operated by the user, who steers the scooter with both hands on the handlebar. The scooter is equipped with armrests, a backrest, a seat with a safety belt, a fixed footrest, a front light, a 10L capacity basket, and four wheels with a manual brake system that allows them to be locked when the scooter is stationary to ensure its stability. The scooter also features a front light, front mounted basket, anti- collision bar, and horn. The PEPE high-performance scooter is advertised as being able to go over difficult terrain and does not fold up. This scooter’s advertisement shows users they can lift the arm rest, rotate the seat, and step out with ease. • KMINA All-Terrain Scooter- The KMINA All-Terrain Scooter is designed for flat surfaces with small slopes and/or irregularities—such as those commonly found in urban environments. The wheels have a diameter of 30 cm. The seat is height- adjustable and includes armrests and a footrest. It features a manual brake lever as well as an automatic brake that engages when the speed lever is released, both in forward and reverse. The KMINA All-Terrain scooter is equipped with rear-view mirrors, headlights, turning signals, horn, outside temperature gauge, and cup holder. The scooter has a maximum speed of 9.3 mph. Because this scooter is still in development, there are no advertising materials available. Improving Mobility has provided additional information stating that the target customers of the mobility scooters are elderly people, people with mobility problems or reduced mobility, people convalescing or rehabilitating from injuries, and people suffering from any kind of chronic disability, whether physical or mental. All three scooters can be pushed manually after the electric drive is disengaged. In the U.S. market, the KMINA and PEPE scooters are sold through KMINA’s website, pharmacies, orthopedic shops, and distributors. Scooters are sold both online and offline. Improving Mobility states that the scooters are not available on Amazon, but there is currently an unavailable product listing on Amazon that links to the Amazon PEPE Mobility Store, which features other mobility products. Both the KMINA and PEPE scooters are sold on the KMINA website, which features pictures of elderly people and other mobility or assistance products such as walkers, canes, and bathroom aids. Improving Mobility has also provided additional information stating that the scooters are classified as Class 1 medical devices in compliance with European Union regulations, specifically EN 12184. Further, Improving Mobility is registered with the FDA and the Spanish AEMPS as a manufacturer of medical devices. “The mobility scooter is considered to be an assistive technology. Assistive technology is defined by the World Health Organi[z]ation as any device or system that allows individuals to perform tasks that they would otherwise be unable to do or increases the ease and safety with which tasks can be performed.”1 An article from the National Library of Medicine discusses how the use of mobility scooters such as those imported by KMINA have become more common.2 The article points out 1 Roselle Thoreau, “The impact of mobility scooters on their users. Does their usage help or hinder?: A state of the art review,” J. Transp. Health, June 2015. https://pmc.ncbi.nlm.nih.gov/articles/PMC4510203/. 2 Id. 2 that scooters can be hired in large supermarkets, shopping centers, tourist attractions, and visitor centers. At many of these locations, users of the scooters must say they are disabled, but no proof of disability is required. It also addresses the many uses of scooters, such as replacing a car for trips to the grocery store. Further, the article states, “mobility scooters are designed for and used by individuals who are able to walk and manipulate themselves on and off a seated object. Unlike wheelchairs, mobility scooters are generally treated as vehicles in the sense that they do not have to be guaranteed access into buildings. This means that in order to access services and activities users must be able to walk…. Safe operation also requires the ability to balance when the scooter is driving on a slope, on rough grounds, or on and off pavements.” The Nairobi Protocol to the Agreement on the Importation of Educational, Scientific and Cultural Materials of 1982, Pub. L. No. 97-446, 96 Stat. 2329, 2346 (1983) established the duty- free treatment for certain articles for the handicapped. Presidential Proclamation 5978 and Section 1121 of the Omnibus Trade and Competitiveness Act of 1988, provided for the implementation of the Nairobi Protocol into subheadings 9817.00.92, 9817.00.94, and 9817.00.96, HTSUS. 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. While the HTSUS does not establish a clear definition of “substantial limitation,” in Sigvaris, 227 F. Supp 3d at 1336, the CIT explained that “[t]he inclusion of the word ‘substantially’ denotes that the limitation must be ‘considerable in amount’ or ‘to a large degree.’” 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. Thus, classification under