Background

In the Oct. 8, 2025, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to modify 19 ruling letters to hold that imports of certain mobility ramps are not eligible for duty-free entry under HTSUS 9817.00.96.

The items at issue are portable or semi-permanent ramps of rubber or aluminum whose principal use is to provide a slightly inclined, straight, non-skid surface allowing safe and easy access over rises like doorway thresholds and steps for individuals using wheeled mobility aids (e.g., wheelchairs, power chairs, and scooters).

The Nairobi Protocol provides for the duty-free treatment for certain articles for the handicapped and is implemented in HTSUS subheadings 9817.00.92, 9817.00.94, and 9817.00.96. The latter specifically provides for articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons, which CBP states 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.”

CBP now believes that the subject ramps are not exclusively designed for the handicapped community because they do not meet some of the five factors CBP considers in making that determination. Specifically, CBP states, the ramps do not possess any features distinguishable from those found in ramps available to the general public, are similar to those sold on e-commerce websites that serve the general public, and are not advertised as being related to any specific handicap or disability.

Rulings NY 857905, NY N307507, NY N307863, NY N309629, NY N309828, NY N310366, NY N310486, NY N310627, NY N310672, NY N310839, NY N310894, NY N310927, NY N310929, NY N318221, NY N320463, NY N331356, NY N331643, NY N332362, and NY N333795 would be modified to reflect this change. Comments on this proposed change are due by Nov. 8.

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