Newly Released CBP HQ Rulings Oct. 2
The Customs Rulings Online Search System (CROSS) was updated on Oct. 2 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H234000: Application for Further Review of Protest No. 2720-11-100572; Classification of printed circuit board assemblies from Thailand
| Ruling: By application of General Rules of Interpretation 1 (Note 2(b) to Section XVI) and 6, Thales Avionics’ printed circuit board assemblies (PCBAs) are classified in Harmonized Tariff Schedule heading 8517. Specifically, they are classifiable in subheading 8517.70.00 (2010), which provides for “Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a transmission or reception apparatus of heading 8443, 8525, 8527 or 8528; parts thereof: Parts….” |
| Issue: Whether the PCBAs are classified in heading 8517 as parts of other apparatus for the transmission or reception of voice, images or other data; heading 8537 as boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 8535 or 8536, for electric control or the distribution of electricity; or heading 8538 as parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537. |
| Item: Thales Avionics' printed circuit board assemblies from Thailand. They are designed to perform specific functions as component pieces of passenger aircraft in-flight entertainment systems. |
| Reason: The instant PCBAs are designed and manufactured to Thales’ specifications to perform discrete functions within their in-flight entertainment systems and are not suitable for use with other electronic machines or merely for the control or distribution of electricity. After importation, the PCBAs are installed in LRUs, which are incorporated into the entertainment systems and are essential to their operation and function. Consequently, CBP finds that the PCBAs are specifically designed for sole use in Thales in-flight entertainment systems and are substantially similar to the merchandise at issue in NYN027030. |
| Ruling Date: July 24, 2025 |
H349574: Bonhawa Respiratory Oxygen Platform Components; 9817.00.96, HTSUS
| Ruling: The heated breathing circuit, water chamber, water chamber adapter, and nasal cannula are eligible for Harmonized Tariff Schedule subheading 9817.00.96 treatment, as parts that are specially designed or adapted for use in the Bonhawa respiratory humidifier, which is “specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons” and no additional duties will apply under the current HTS. |
| Issue: Whether the heated breathing circuit, water chamber, water chamber adapter, and nasal cannula, which are used exclusively with the Bonhawa respiratory humidifier, are eligible for Harmonized Tariff Schedule subheading 9817.00.96 treatment, and whether any additional tariffs will apply. |
| Item: Four components of Telesair's Bonhawa Respiratory Oxygen Platform, a high-flow oxygen respiratory humidifier for the treatment of respiratory insufficiency for spontaneously breathing patients with warmed and humidified respiratory gases. It is intended for use by healthcare professionals in hospitals and long-term care facilities and is only sold to hospitals, long-term care facilities and professional medical distributors. The four components in question are a heated breathing circuit, a water chamber, a water chamber adapter and a nasal cannula. |
| Reason: Per past rulings, CBP has determined that component parts that are specifically designed to work exclusively with a device classifiable in subheading 9817.00.96 are eligible for subheading 9817.00.96 treatment. Here, the four single-use heated breathing circuit, water chamber, water chamber adapter, and nasal cannula are used exclusively with and are essential for the operation of the Bonhawa respiratory humidifier. Without them the device cannot function. All four component parts are designed and marketed specifically for use with the Bonhawa respiratory humidifier and are not intended for general purpose use with other respiratory devices. Accordingly, the instant heated breathing circuit, water chamber, water chamber adapter, and nasal cannula are parts specially designed or adapted for the use in the Bonhawa respiratory humidifier. |
| Ruling Date: Sept. 25, 2025 |
H350718: Articles for the handicapped; Subheading 9817.00.96; Equinus Brace
| Ruling: CBP affirms the finding of N348800 that the Equinus brace is not eligible for duty-free treatment under Harmonized Tariff Schedule subheading 9817.00.96. |
| Issue: Whether the brace aligns with the intent and legal representation of Harmonized Tariff Schedule subheading 9817.00.96. |
| Item: Thrive Orthopedics' Equinus Brace, a prescription-based, non-ambulatory L-shape, length-adjustable brace. There are different versions of the Equinus Brace: the Equinus Brace, the Pediatric Equinus Brace and the Equinus Brace (XL). The items are identical in shape, but vary in size. Each features joint hinges in 10-degree increments, adjustable straps, a switch, and an extension post. It is designed to treat Plantar Fasciitis and ankle joint contracture (also referred to as Equinis Deformity). |
| Reason: Protestant sought reconsideration of NY N348800, dated June 6, 2025. In that ruling, the National Commodity Specialist Division denied the request for duty-free treatment under subheading 9817.00.96 because the brace was not specifically designed for use by the handicapped, and therefore it was not eligible for duty-free treatment. Thrives argued that the brace satisfies each of the five factors outlined in the Sigvaris decision from 2018, and it should not be considered a diagnostic tool nor a device intended for short-term therapeutic relief. While the Protestant reaffirms its claim that the brace is in alignment with the definition of “specially designed” outlined in the Sigvaris, CBP agrees with the NCSD that it is not. The Protestant claims that ankle equinis is a progressive chronic, disabling condition, but research shows that those with ankle equinis can recover from it with appropriate management (stretching, exercise, physical therapy, etc.) in a few months; only, in select cases are more severe treatments needed. CBP's research also shows that the population of people who develop equinis and plantar fasciitis are not always those who suffer from long-standing disabilities, as they can also be caused for other reasons such as having a foot in a cast, tight calf muscles, etc. |
| Ruling Date: Sept. 30, 2025 |