The tariff classification of compression sensory swing, weighted lap pad, and weighted lap animal from China

N351320
July 17, 2025
CLA-2-63:OT:RR:NC:N3:351
CATEGORY: Classification
TARIFF NO.: 6307.90.9891; 9903.01.24; 9903.01.25; 9903.88.15
Ms. Elizabeth Merritt Flexport Customs LLC 760 Market Street, 8th floor San Franciso, CA 94102 RE: The tariff classification of compression sensory swing, weighted lap pad, and weighted lap animal from China Dear Ms. Merritt: In your letter dated July 14, 2025, you requested a classification ruling on behalf of your client, Base Products LLC dba Harkla. Samples of the compression sensory swing, weighted lap pad, and weighted lap animal were provided with your request and will be retained for training purposes. Item #1, described as a “Compression Sensory Swing,” is a full body fabric swing designed to create a calming, cocoon-like experience and is intended for children diagnosed with autism spectrum disorder (ASD), attention-deficit/hyperactivity disorder (ADHD), and other neurodevelopmental challenges. The swing is composed of a 100 percent nylon tricot knit, dyed, fabric. The fabric is cut and sewn on two ends. The swing measures 60 inches in length by 110 inches in width and features one reinforced seam. The swing is mounted to the ceiling by a daisy chain composed of 100 percent polyester yarns, a ceiling hook, two bolts, two locking carabiners, and a Rescue 8 descender, all packaged in a polypropylene nonwoven bag. You state the swing can be ordered with an optional swivel allowing the swing to rotate 360 degrees. The item is washable and can hold a person weighing up to 300 pounds. The SKU# will be delineated by the color of the swing: LS-COMP-1BLU (blue), LS-COMP-1GRN (green), and LS-COMP-1GRY1 (gray). Item #2, described as a “Weighted Lap Pad,” is designed to apply pressure to a child’s legs or torso while seated to create a calming, grounding effect and is intended for children diagnosed with ASD, ADHD, and other neurodevelopmental challenges. The lap pad consists of five layers quilted together with glass beads: 100 percent polyester minky microfleece knit exterior layers; a 100 percent polyester woven scrim fabric on the second and fourth layer; and a 100 percent polyester nonwoven batting middle layer. The quilted pad is divided into 16 discrete quadrants which keep the glass beads evenly distributed and is finished with a 100 percent polyester knit binding. The pad measures 21 inches in length by 19 inches in width, weighs 5 pounds and is washable. The SKU# will be delineated by the color of the pad: EZ-9YFN-JL91-2 (blue), EZ-9YFN-GREY (grey), EZ-9YFN-LAV (purple).

SKU# WD-PPUP-PAL, described as a “Weighted Lap Animal,” is a dog-shaped lap pad designed to apply pressure to a child’s legs or torso while seated to create a calming, grounding effect and is intended for children diagnosed with ASD, ADHD, and other neurodevelopmental challenges. The lap pad consists of a cover and a removeable pouch insert. The cover is composed of an outer layer of 100 percent polyester knit faux fur plush pile fabric and a bottom layer of 100 percent polyester knit plush fabric. A three-dimensional dog’s head, composed of faux fur fabric, forms the head and is sewn to the center top edge and is stuffed with 100 percent polyester fiber. The dog’s face features two plastic eyes, a snout, a mouth, and two ears. The cover also features four paws at each corner, a tail sewn along the center of the bottom edge on the outer layer of fabric, and 8 fabric ties in the interior to hold the weighted pouch in place. The pouch is composed of 100 percent polyester knit fabric and filled with glass beads. The pouch is divided into 12 discrete quadrants which keep the glass beads evenly distributed. The pouch features 8 loop tabs sewn to each corner and the middle of each side edge. The pouch is inserted into a hook-and-loop opening along the middle of the bottom cover and it is tied to the inside dog cover to secure the weighted pouch. The pad measures 21 inches in length by 19 inches in width and weighs 5 pounds. The lap pad cover is washable. The applicable classification for the compression sensory swing, weighted lap pad, and weighted lap animal will be 6307.90.9891, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other made up articles, including dress patterns: Other: Other: Other: Other: Other.” The rate of duty will be 7 percent ad valorem. In your submission you also requested consideration of a secondary classification under subheading 9817.00.96, HTSUS, which provides for “articles specifically 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.” We disagree. 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. Therefore, the secondary classification of 9817.00.96, HTSUS, would not apply to these goods. 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 6307.90.9891, 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 6307.90.9891, HTSUS, listed above. Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6307.90.9891, 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 6307.90.9891, HTSUS, listed above.

The tariffs and additional duties cited above are current as of this ruling’s issuance. 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 Customs and Border Protection Regulations (19 C.F.R. 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 Kristine Dodge at [email protected].
Sincerely,
(for) James Forkan Acting Director National Commodity Specialist Division