CBP Finds Gerber Sinks Ineligible for Duty Free Treatment as ADA Compliant

Imported sinks reported as compliant with the Americans with Disabilities Act are not eligible for duty free treatment for articles designed for the handicapped because, as imported, they have no features that differentiate them from sinks used by the general public, said CBP in a ruling issued June 29. As most ADA requirements have to do with installation, and not the qualities of the sinks themselves, CBP has no way of knowing whether the sinks are for anything other than general use, said the agency in ruling HQ H264882 (here).

Gerber, the importer, ruling request focused on 18 models of vitreous china sinks, purporting that they all meet the requirements set in ADA Section 606.1. The importer requested that CBP find its sinks are classifiable under HTS subheading 9817.00.96 as articles “specifically designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.” The issue of classification of ADA-compliant bathroom fixtures has featured in several ongoing cases at the Court of International Trade, including some brought by Gerber (see 14072833, 1412150038 and 1508100069).

The requirements of Section 606.1 almost entirely address installation, such as floor space and sink height, said CBP. Only one, a requirement for pipe insulation, concerns a physical feature of the sinks themselves, it said. All soap and towel dispensers, for example, would be eligible for duty free treatment if CBP allowed importers to base classification on their positioning upon installation after importation, said the agency.

With no physical features that distinguish them from sinks for public use, CBP held it could not classify the sinks as “for the use or benefit of … handicapped persons” in their imported condition. “CBP has no way of knowing whether the sinks will be installed in accordance with ADA requirements after importation, it said. “Accordingly, we cannot determine whether the sinks will comply with the ADA as imported.”