Customs Proposes Revoking Handicap Article Status From Ramps

Dec. 12, 2025
By: Pietro N. Bianchi

In Customs Bulletin Vol. 59, No. 41 (Nov. 26, 2025), Customs proposed to modify 19 rulings and revoke eligibility under subheading 9817.00.96, articles for handicap persons, for certain ramps. HTS subheading 9817.00.96 was created to implement U.S. commitments to the Nairobi Protocol to the Florence Agreement, which provides that duties should not be levied on articles for the blind and other physically and mentally handicapped persons. In the 19 rulings subject to Customs’ proposed revocation, CBP ruled that various ramps were for handicap persons and eligible for duty-free status under subheading 9817.00.96.

Customs stated that these rulings should be revoked in accordance with Sigvaris, Inc. v. United States, 889 F.3d 1308 (Fed. Cir. 2018). In Sigvaris, Inc., the CAFC held that articles of 9817.00.96 must be specially designed for a handicap person: “intended for the use or benefit of a specific class of persons to an extent greater than for the use or benefit of others.” The Court ultimately found that compression legwear was not specially designed for handicap persons because compression was only slightly greater than normal socks and the legwear was advertised for a variety of persons, “including those who lead an active lifestyle, are in professions that require sitting for long periods of time, are pregnant, or desire fashionable hosiery.”

Customs proposes to revoke the 19 rulings on ramps with proposed ruling HQ H348162, Customs Bulletin Vol. 59, No. 41, Attachment T, because they are not designed for the handicap community. In support of its decision, Customs stated that they have found ramps with identical or similar features for the elderly or “that are useful for transporting pets, motorized bikes or boats.” Customs does not provide examples of or explain how a ramp can be designed for the handicap community and not the elderly or pets. Regardless, the proposed ruling would significantly restrict applicability of the Nairobi Protocol. Customs will consider comments received on or before January 4, 2026.

If you have questions about Nairobi Protocol or other duty-free status claims do not hesitate to contact an attorney at Barnes Richardson, & Colburn LLP.