The tariff classification of parts of AFO braces from China

N349066
June 9, 2025
CLA-2-90:OT:RR:NC:N3: 135
CATEGORY: Classification
TARIFF NO.: 9021.10.0090; 9903.01.24; 9903.01.25
Michael Springman Thrive Orthopedics LLC 387 Ridge Point Drive Carmel, IN 46032 RE: The tariff classification of parts of AFO braces from China Dear Mr. Springman: In your letter dated May 15, 2025, you requested a tariff classification ruling. Six products are identified in your letter: F3 AFO Pads (SKU numbers PXS, PS, PM, PL, and PXL), F5 AFO Pads (SKU numbers SPXS, SPS, SPM, SPL, and SPXL), F3 AFO Straps (SKU numbers SXS, SS, SM, SL, and SXL), F5 AFO Straps (SKU numbers SSXS, SSS, SSM, SSL, and SSXL), F3 AFO Essentials Kits (SKU numbers F3-ERK-XS, F3-ERK-S, F3-ERK-M, F3-ERK-L, and F3-ERK-XL), and F5 AFO Essentials Kits: (F5-ERK-XS, F5-ERK-S, F5-ERK-M, F5-ERK-L, and F5-ERK-XL). The pads have special shapes and configurations for replacing AFO padding. The straps are hook and loop straps featuring buckles, finger loops, and adaptive closures to assist patients with limited dexterity, enabling independent donning and doffing of their AFOs. Based on your website, each F3 AFO Essentials Kit contains two F3 AFO Pads (moisture-wicking tibia relief pads) and a pair of F3 AFO Straps, packaged in a carry-bag. This kit is only used with the Thrive Orthopedics F3 AFO brace. Each F5 AFO Essentials Kit includes two sets of F5 AFO Pads (one for the calf and one for the shin), and one F5 AFO Strap, packaged in a carry-bag. This kit is only used with the Thrive Orthopedics F5 AFO brace. These straps and pads are designed exclusively for your AFO braces. You state these components are critical to ensuring the functional fit, suspension, and patient compliance of lower limb orthoses. They are primarily purchased by orthotics and prosthetics clinics for use in conjunction with custom-fit AFOs. They serve an essential function in enabling these clinics to assemble prescription medical devices tailored to patients with long-term mobility impairments. The straps and pads are never utilized independently from the AFO braces. The applicable subheading for the F3 AFO Pads, F5 AFO Pads, F3 AFO Straps, F5 AFO Straps, F3 AFO Essentials Kits, and F5 AFO Essentials Kits will be 9021.10.0090, HTSUS, which provides for “[o]rthopedic appliances …: [o]rthopedic or fracture appliances, and parts and accessories thereof: [o]ther.” The general rate of duty will be free.

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 9021.10.0090, 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 9021.10.0090, HTSUS, listed above. In your submission you requested consideration of a secondary classification under 9817.00.96, HTSUS, which covers: “[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.” The instant pads and straps are an integral part of the braces and dedicated solely for use with the F3 or F5 AFO braces. The plain text language of subheading 9817.00.96 specially excludes parts and accessories of braces from this subheading. As such, the F3 AFO Pads, F5 AFO Pads, F3 AFO Straps, F5 AFO Straps, F3 AFO Essentials Kits, and F5 AFO Essentials Kits are not eligible for duty-free treatment under subheading 9817.00.96, HTSUS. 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 Fei Chen at [email protected].
Sincerely,
(for) Steven A. Mack Director National Commodity Specialist Division