Aug. 14 CBP Bulletin Proposes to Modify Rulings on Certain Hearing Amplification Devices
In the Aug. 14 Customs Bulletin (Vol. 58, No. 32), CBP published a proposal to revoke ruling letters concerning certain hearing amplification devices.
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Comments on Proposal Due Sept. 14
CBP said consideration will be given to any written comments received by Sept. 14 before taking these actions. In addition, any party that has received a ruling or decision on the merchandise that is subject to the proposed revocations or modifications, or any party involved with a substantially identical transaction, should advise CBP by the date that written comments on the proposed ruling are due. (An importer's failure to advise CBP of such rulings, decisions or substantially identical transactions may raise issues of reasonable care on the part of the importer or its agents for importations after the effective date of the final decision in this notice.)
Proposal
CBP is proposing to revoke or modify the rulings below, and any rulings on these products that may exist but have not been specifically identified. CBP also is proposing to revoke any treatment it has previously accorded to substantially identical transactions.
Certain Hearing Amplification Devices
| Items: A “Hearing Amplifier Kit,” a retail-ready kit, comprised of a sound amplifier, three plastic earplugs in different sizes, a spare battery, and a plastic storage case (N283085); an RCA Personal Sound Amplifier, which includes a high-quality, non-resonant plastic earpiece, gray plastic charging case with transparent blue plastic top, a plug-in AC power adapter with cable, plastic left and right ear tubes, and plastic medium and large ear domes (N166443); the Pocketalker Ultra Duo pack, a kit packaged for retail sale upon import that contains the Pocketalker amplifier, two AAA batteries, microphone, TV listening extension cord, lanyard, instruction manual, mini earbud, and a folding headphone, and the Pocketalker, which is not packaged for retail sale upon import, but after import, it is packaged with various accessories, including an earphone or headphone, a microphone, batteries, and a cable (N025447); and Model# WH-770, an assistive listening device which consists of a small microphone and amplifier with a volume control that rests in the ear (D80822) |
| Current: 9021.40.00, “Orthopedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability; parts and accessories thereof: Hearing Aids, excluding parts and accessories thereof." |
| Proposed: 8518.30.20, “Headphones and earphones, whether or not combined with a microphone, and sets consisting of a microphone and one or more loudspeakers: Other.” |
| Reason: Based on online research, a hearing aid is a doctor-prescribed device based on the patient’s hearing test result and usually custom-programmed by a hearing care professional to suit the patient’s specific hearing loss and listening needs. Hearing aids are a kind of assistive listening device, but not all assistive listening devices are hearing aids. Both hearing aids and personal sound amplifying products (PSAPs) can improve one’s ability to hear sound; they are both wearable, and some of their technology and function is similar. However, the products are different in that only hearing aids are intended to make up for impaired hearing. PSAPs are not intended to make up for impaired hearing. Instead, they are intended for non-hearing-impaired consumers to amplify sounds in the environment for any number of reasons. Hearing aids are usually professionally fitted and fine-tuned to the wearer and help mitigate hearing loss by boosting certain frequencies. Amplifiers simply make things louder, regardless of the frequency or volume. While hearing aids are tailored to hard of hearing people, PSAPs are meant to be used by people with a full range of hearing. |
| Proposed for revocation: N283085, dated Feb. 28, 2017; N166443, dated May 31, 2011; N025447, dated April 18, 2008; and D80822, dated Aug. 11, 1998 |
| Proposed new ruling: H313006 |