N331356

N331356 March 17, 2023 CLA-2-76:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7616.99.5190; 9817.00.96 Ms. Desiree L. Pasbrig Motis Brands d.b.a DiscountRamps.com LLC N102 W19400 Willow Creek Way Germantown, WI 53022 RE: The tariff classification of ABR Series Silver Spring Aluminum Butterfly Center Fold Ramps with Carrying Bags made in China Dear Ms. Pasbrig: In your letter dated March 6, 2023, you requested a tariff classification ruling on ABR Series Silver Spring Aluminum Butterfly Center Fold Ramps with Carrying Bags. Descriptions and photographs of each size/style ramp were submitted for our review. Clarification on the descriptions and information presented were requested and received via an email dated March 13, 2023. The articles under consideration are identified in your letter as Silver Spring ABR Series Aluminum Butterfly Center Fold Ramps that feature a grit coat and have a 600 pound weight capacity. The ramps are available in two sizes that include part number ABR-3 that measures 28” in width x 36” in length and part number ABR-4 that measures 28” in width x 48” in length. Both are manufactured from high-strength, lightweight aluminum and are used to facilitate the safe movement of walkers, wheelchairs, and scooters in and out of buildings, home and other living spaces. You indicated that the Aluminum Butterfly Center Fold Ramps are principally marketed to and used by the chronically disabled. You stated in your letter that “This family of ramps has been designed to allow wheelchairs, power chairs, and scooters to easily and safely overcome the tracks of patio doors or other sliding doors, allowing access to outdoor living spaces such as patios and decks. The center hinge has rubber stabilizing pads on the bottom, and it’s been made to fit inside the tracks of a sliding door. When put in place and folded open, the top has high-traction grit coat surface for non-slip safety riveted on. The sides have plastic edges, and each end has rubber edging to protect the user from sharp edges.” You stated, “When folded for storage a Velcro strap secures the two sides of the ramp together, and a built-in carry handle makes it easy to install and remove.” A carrying bag is included to take along when travelling. Mounting hardware is not included, as these ramps are intended to be portable. The applicable subheading for the Silver Spring ABR Series Aluminum Butterfly Center Fold Ramps with Carrying Bags (including ABR-3 and ABR-4) 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 Silver Spring ABR Series Aluminum Butterfly Center Folding 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 Silver Spring ABR Series Aluminum Butterfly Center Fold 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 ABR Series Aluminum Butterfly Center Fold Ramps (ABR-3 and ABR-4) 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 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 conve