Newly Released CBP HQ Rulings Sept. 9
The Customs Rulings Online Search System (CROSS) was updated on Sept. 9 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H345321: Coastwise Transportation; Outer Continental Shelf; Wind Turbines; 46 U.S.C. §§ 55102 and 55103; 19 CFR §§ 4.80a and 4.80b; 43 U.S.C. § 1333
| Ruling: The transportation of wind turbine generator (WTG) blades and replacement blades, component parts and installation equipment by a non-coastwise vessel would not violate the Jones Act, 46 U.S.C. § 55102. The transportation of project installation personnel between coastwise points by the non-coastwise-qualified vessel would not violate the Passenger Vessel Services Act, 46 U.S.C. § 55103. |
| Issue: Whether the transportation of WTG blades and replacement blades, component parts and installation equipment by a non-coastwise vessel violates the Jones Act, 46 U.S.C. § 55102; and whether the transportation of the project installation personnel between coastwise points by the non-coastwise-qualified vessel violates the Passenger Vessel Services Act, 46 U.S.C. § 55103. |
| Item: The installation and removal of wind turbine blades at existing wind turbine generator locations by a non-coastwise-qualified vessel on the U.S. outer continental shelf. |
| Reason: See ruling. |
| Ruling Date: March 21, 2025 |
H348400: Applicability of Subheading 9817.00.96, HTSUS; Scooters
| Ruling: The scooters at issue are not eligible for duty-free treatment under subheading 9817.00.96 as articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons. CBP affirms NY N347694. |
| Issue: Reexamination of NY N347694, which ruled that the three scooters were not eligible for duty-free treatment under subheading 9817.00.96, which provides for “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.” |
| Item: Three scooters imported by Improving Mobility Development: PEPE Lightweight Scooter, PEPE High-Performance Scooter and KMINA All-Terrain Scooter. The target customers of the mobility scooters are elderly people, people with mobility problems or reduced mobility, people convalescing or rehabilitating from injuries, and people suffering from any kind of chronic disability, whether physical or mental. All three scooters can be pushed manually after the electric drive is disengaged. |
| Reason: The two scooters on the market are primarily advertised to the elderly and those with mobility issues. They are sold alongside walkers and bath aids and feature pictures of the elderly using the products. However, while advertising for the scooters often includes pictures of the elderly using these products, CBP notes that being elderly is not itself a handicap. The handicap at issue is a substantial limitation on the ability to walk. To determine whether the scooters are “specially designed” for the use or benefit of a class of persons to an extent greater than for others, CBP must examine 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. For (1), the scooters require users to have enough mobility to climb onto them, especially the PEPE lightweight scooter, and they have features like rear-view mirrors and horns that make them more suitable for general driving purposes. Therefore, the physical properties of the articles indicate that they are not specially designed for the handicapped. For (2), because these scooters are similar to those widely available to the general public, it is probable that they will be used by members of the general public. For (3) through (5), similar scooters are widely available online through sites such as Amazon and Walmart. |
| Ruling Date: Aug. 20, 2025 |