In the Dec. 27, 2023, Customs Bulletin and Decisions, U.S. Customs and Border Protection is reclassifying two reaching aids solely as aluminum articles under HTSUS 9616.90.5080 (5.1 percent duty) rather than as articles for the handicapped under HTSUS 9817.00.96 (duty-free).
The articles at issue are reachers and turners of various designs for use in retrieving objects beyond an individual’s reach or for picking up items off the floor. On one end is a handle with control mechanisms and on the other are “jaws” to grip items.
CBP explains that these articles are not specially designed or adapted for the use or benefit of the handicapped within the meaning of the Nairobi Protocol because an evaluation of the five factors adopted by CBP and the Court of Appeals for the Federal Circuit (e.g., easily distinguishable from articles useful to the general public or imported by companies dealing in handicapped articles) weigh against such a determination.
Ruling HQ H327276 will modify ruling NY 813853, and ruling HQ H330680 will modify ruling HQ 556449, to reflect this change, effective with respect to goods entered or withdrawn from warehouse for consumption on or after Feb. 26.
For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.
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