Nov. 26 CBP Bulletin Proposes to Modify Rulings on Ramps
In the Nov. 26 Customs Bulletin (Vol. 59, No. 41), CBP published proposals to modify or revoke ruling letters concerning whether certain ramps are eligible for subheading 9817.00.96 treatment as articles for the handicapped.
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Comments on Proposals Due Jan. 3
CBP said consideration will be given to any written comments received by Jan. 3 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposals
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Ramps
| Items: Adjustable and extendable wheelchair ramps along with carrying bag, rubber mobility ramps, ramps being used around the home on various surface types, telescoping portable ramps, folding threshold ramps, multi-fold ramps and aluminum folding and rolling ramps |
| Current: The merchandise was eligible for subheading 9817.00.96 treatment as articles for the handicapped. |
| Proposed: The ramps are not eligible for duty-free treatment under subheading 9817.00.96. |
| Reason: CBP must determine whether the ramps in question are “specially designed” for the use or benefit of a class of persons to an extent greater than for others. The ramps described in the NY N309629 ruling do not possess any features that are distinguishable from features found in ramps available to the general public. We have found ramps with identical or similar features that are useful for transporting pets, motorized bikes or boats. There is no particular distinction between these ramps that are marketed to the general public (including the elderly) for transport during daily or specialized activities and the ramps at issue that are specially designed for individuals suffering from a permanent or chronic physical or mental impairment that substantially limits one or more major life activities. Furthermore, ramps that are substantially similar to the ramps in NY N309629 proliferate on e-commerce websites that serve the general public, and these websites market similar ramps both to the general public as well as to individuals who may be handicapped. Looking at other sales of ramps, one will also see very similar ones for construction purposes. Lastly, the ramp advertisement in NY N309629 does not describe any specific handicap or disability that would necessitate using the ramps. CBP sees the statement that the ramps are designed to “provide a smooth rolling surface that facilitates access to buildings for people who are using rolling devices to assist with their movement – either wheelchairs, walkers, or scooters; whether manually operated or powered.” However, the use is not exclusively for the handicapped, but also for the general public. The ramps of the other 18 rulings are substantially similar to the ones described in NY N309629 as they are also marketed and available for purchase by the general public with precisely the same types of use. In sum, the ramps in NY N309629 do not have any features which are “specifically designed or adapted” for the handicapped, and the general public would likely use the ramps for the many uses described above. Although the importer may claim the ramps are for persons who are chronically handicapped, these ramps do not have any significant adaptations that would benefit the handicapped community. |
| Proposed for modification: NY 857905, dated Dec. 4, 1990; NY N307507, dated Nov. 24, 2019; NY N307863, dated Dec. 9, 2019; NY N309629, dated March 5, 2020; NY N309828, dated March 10, 2020; NY N310366, dated March 23, 2020; NY N310486, dated March 30, 2020; NY N310627, dated April 6, 2020; NY N310672, dated April 8, 2020; NY N310839, dated April 13, 2020; NY N310894, dated April 13, 2020; NY N310927, dated April 17, 2020; NY N310929, dated April 17, 2020; NY N318221, dated March 25, 2021; NY N320463, dated July 26, 2021; NY N331356, dated March 17, 2023; NY N331643, dated March 30, 2023; NY N332362, dated April 28, 2023; and NY N333795, dated July 27, 2023. |
| Proposed new ruling: HQ H348162 |