N350595

N350595 June 27, 2025 OT:RR:NC:N1:104 CATEGORY: Trade Programs Christopher Pesek Peak Degrees, LLC 401 N. Carroll Avenue, Suite 170 Southlake, TX 76092 RE: The eligibility of a reaching aid under 9817.00.96 as an article for the handicapped Dear Mr. Pesek: In your letter dated June 25, 2025, you requested a ruling to determine the eligibility of a reaching aid from China for duty-free treatment under subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS). The item under consideration is the StrongArm reaching aid used to retrieve objects beyond an individual’s reach or for picking articles off the floor. It consists of foldable aluminum tube with a plastic pistol-grip handle and trigger mechanism at one end and a spring-operated gripping jaw mechanism at the other. Attached to the bottom of the reaching aid’s handle is a foam padded curved aluminum tube, referred to as a forearm cradle. This curved tube is said to reduce strain on the wrist and provide additional leverage and stability when lifting heavier or bulkier objects. You maintain that the inclusion of the forearm feature distinguishes the StrongArm reaching aid from standard reaching aids and is uniquely beneficial to disabled or handicapped persons. You suggest that this added design feature transforms what is otherwise an ordinary reacher tool into an article specially designed or adapted for the handicapped within the meaning of subheading 9817.00.96, HTSUS. We disagree. 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.” Eligibility within subheading 9817.00.96 depends on whether the article is “specially designed or adapted for the use or benefit of the blind or physically and mentally handicapped persons.” See Headquarters Ruling H327276, dated February 25, 2004. 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. A “substantial limitation” means a considerable amount or to a large degree. See H327276 (and authorities cited therein). As noted in H327276, the first question is for whose use and benefit (if anyone’s) is the article specially designed, and then, whether those individuals are physically handicapped. Stated differently, CBP must consider whether such individuals are suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities. Id. 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.” Id. To determine whether an article is “specially designed” for the use or benefit of a class of persons to an extent greater than for others, CBP applies five factors: (1) physical properties of the article itself (e.g., whether the article is easily distinguishable in design, form and use from articles useful to non-handicapped persons); (2) presence of any characteristics 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) importation by manufacturers or distributors recognized or proven to be involved in this class or kind of articles for the handicapped; (4) sale in specialty stores that serve handicapped individuals; and (5) indication at the time of importation that the article is for the handicapped. Id. While the StrongArm reaching aid’s forearm rest not typically found on traditional reacher aids, this added feature is useful to any user for picking up heavier or bulkier items. This would include non-handicapped individuals such as the elderly, those in nursing homes, those with weak hands, or temporary or transient physical impairments or challenges. So, while the StrongArm reaching aid may indeed be beneficial to a disabled or handicapped person, it is just as beneficial to any member of the public requiring additional leverage and stability to reach and lift heavier or bulkier objects. In this regard, we find that the use of the StrongArm reaching aid by a non-handicapped person is not so improbable that it would be considered fugitive. The inclusion of the forearm cradle does not make this reaching aid easily distinguishable from the types of reacher tools used by non-handicapped persons. Additionally, the StrongArm reaching aid and similar articles are marketed and sold not only to those who are handicapped or disabled, but to members of the public such as seniors, those with weak hands, and others who desire enhanced ergonomic control and support in lifting objects. The company’s website states that “[t]he StrongArm reacher’s added leverage empowers you to access a wider range of items up to 32 inches away with ease, reducing the need for strenuous bending, stretching and with minimal strain on your hand and wrist.” This added leverage would be beneficial to wide range of persons, not just the handicapped. Finally, there is no indication at the time of importation that StrongArm reaching aid is exclusively for the handicapped. We would also note that subheading 9817.00.96, HTSUS excludes articles for acute or transient disabilities. See U.S. Note 4(b), Subchapter XVII, Chapter 98, HTSUS. Your submission highlights in general terms the use of the reaching aid by those individuals suffering a loss of dexterity, mobility, and strength, but such conditions are not unique to handicapped or disabled persons; this could just as well describe a transient or acute condition experienced by an accident victim or one recovering from a medical procedure. In sum, we find that the StrongArm reaching aid is not “specifically designed or adapted” for the handicapped. Rather, virtually any member of the general public could benefit from the enhanced leverage and stability afforded by the forearm cradle when lifting a heavy or bulky object. Accordingly, the StrongArm reaching aid does not satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a). Therefore, the secondary classification under subheading 9817.00.96, HTSUS would not apply to this product. The tariffs and additional 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/. 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 respec

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 Arthur Purcell at arthur.purcell@cbp.dhs.gov. 
Sincerely,
 (for) Steven A. Mack Director National Commodity Specialist Division