The tariff classification of plastic grip assists from China.

N349659
June 26, 2025
CLA-2-39:OT:RR:NC:N4:415
CATEGORY: Classification
TARIFF NO.: 3926.90.9989; 9903.01.24; 9903.01.25; 9903.88.15
Kerry M. Mellin Mellin Works, LLA DBA EaZyHold 26565 West Agoura Road Calabasas, CA 91302 RE: The tariff classification of plastic grip assists from China. Dear Ms. Mellin: In your letter dated May 30, 2025, you requested a tariff classification ruling. Images with product descriptions were provided in lieu of samples. The products under consideration are described as “EaZyHold Universal Cuff Grip Assist Devices.” They are universal silicone grip cuffs that wrap around objects and fit over the hand, fingers, or limb, allowing the user to hold items independently without a traditional grasp. Per your submission, they are intended to assist individuals with limited hand function in gripping, holding, and using everyday objects such as utensils, toothbrushes, writing instruments, or tools. These grip assists have the appearance of straps with enclosed openings at both ends. From the brochure provided, there are ten different sizes, each with corresponding colors. They range from the yellow colored extra-small with small holes grip, whose openings stretch up to .5 inches, all the way to the sage colored extra-large with extra-large holes grip with openings that stretch up to six inches. These grip cuffs are made wholly of silicone plastic and are designed for use by all ages. In your submission, you proposed classification under subheading 3924.90.5650, Harmonized Tariff Schedule of the United States (HTSUS), as other household articles of plastic. We disagree. The Harmonized Commodity Description and Coding System Explanatory Notes (ENs) constitute the official interpretation of the Harmonized System at the international level. While not legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of these headings. We refer to the ENs for heading 3924 and find these plastic grips are not of the same class or kind as the exemplars of tableware and household articles listed. Therefore, classification within heading 3924 would be precluded. Further, you requested consideration of a secondary classification for these items under subheading 9817.00.96, HTSUS, which provides for “[a]rticles 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: [o]ther.” We also disagree with this proposed classification. We hold the opinion that these items are not “specifically designed or adapted” for the handicapped and that they are general enough in nature that they lack the characteristics “that create a substantial probability of use by the chronically handicapped” and are not “easily distinguishable from articles useful to the general public,” to the extent that the “use thereof by the general public is so improbable that it would be fugitive.” See Implementation of the Nairobi Protocol, 26 Cust. Bull. & Dec. at 243-244. The provided literature indicates this product can be used by toddlers to aid in holding sippy cups or seniors with gardening tools, and we note that age related limitations in dexterity, such as those present with babies, young children, and seniors, would not rise to the level of a chronic handicap. For reference, please see Headquarters ruling H330680, dated February 25, 2024, which performed similar analysis on reaching aids. Therefore, we find the secondary classification of 9817.00.96, HTSUS, would not apply to these goods. As these “EaZyHold Universal Cuff Grip Assist Devices” would be considered articles of plastic, and as they are not more specifically provided for elsewhere, the applicable subheading will be 3926.90.9989, HTSUS, which provides for “[o]ther articles of plastics and articles of other materials of headings 3901 to 3914: [o]ther: [o]ther: [o]ther.” The column one, general rate of duty is 5.3 percent ad valorem. Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings 9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e., 9903.01.24, in addition to subheading 3926.90.9989, HTSUS, listed above. Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e., 9903.01.25, in addition to subheading 3926.90.9989, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 3926.90.9989, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 3926.90.9989, HTSUS, listed above. The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided at https://hts.usitc.gov/. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not

conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the CBP Regulations (19 CFR 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, please contact National Import Specialist Kristopher Burton at [email protected].
Sincerely,
(for) Steven A. Mack Director National Commodity Specialist Division