The tariff classification of a wireless hub from Lithuania

N361336May 21, 2026CLA-2-85:OT:RR:NC:N2:209
CATEGORY: Classification
TARIFF NO.: 8517.62.0090
Andrea AbrahamMeeks, Sheppard, Leo & Pillsbury LLP570 Lexington Ave., 24th FloorNew York, NY 10022RE: The tariff classification of a wireless hub from LithuaniaDear Ms. Abraham:In your letter dated
May 7, 2026
, you requested a tariff classification ruling on behalf of Kyour client, OREWireless, Inc.The item concerned is referred to as a KORE Wireless OmniHub, model CG100. This wireless transmissionspecifPhilips Respironics’ ventilators (e.g., Trilogy EVO and EV300 ventilators).hub is ically for use with hilips Respironics’ ventilators provide noninvasive (NIV) and invasive (IV) positive pressureThe Pventilation to adult, pediatric, and infant patients, who suffer with profound chronic respiratory insufficiencyand chronic respiratory failur Philips Respironics ventilators are used solely individuals withe. Theby chronic breathing problems.The OmniHub cannotbe used with other products due to design. specifically designed and adapted for its It is use with the Philips Respironics’ ventilators (e.g., Trilogy EV300 and EVO ventilators). heYou state that tOmniHub is an important accessory for these the generalventilators and is not used for any purpose by public.TheKORE Wireless OmniHub CG100 s a ellular communications gateway with integrated Bluetooth icClassic & BLE. It is intende for connected healthcare applications (RPM and chronic care monitoring)Id. t isin patient’s homes to wirelessly connect to installed Philips ventilators. It securely reads telemetryused a information from the ventilator on a periodic bsis and securely forwards that information to the Philipsahealthcare system (Care Orchestrator).The network connection etween the OmniHub and Philips ventilators bis Bluetooth, and the networ connection between the OmniHub and Philips healthcare systems is viakLTE/cellular networks.The applicable subheading for the KORE Wireless OmniHub, model CG100, will be 8517.62.0090,Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Telephone sets, including
smartphones and other telephones for cellular networks or for other wireless networks; other apparatus for thetransmission or reception of voice, images or other data, including apparatus for communication in a wired orwireless network (such as a local or wide area network)…: Other apparatus for transmission or reception ofvoice, images or other data, including apparatus for communication in a wired or wireless network (such as alocal or wide area network): Machines for the reception, conversion and transmission or regeneration ofvoice, images or other data, including switching and routing apparatus: Other.” The general rate of duty willbe Free.In your submission you requested consideration of a secondary classification under 9817.00.96, HTSUS,which applies to articles and parts of articles specifically designed or adapted for the use or benefit of thepermanently or chronically physically or mentally handicapped.Subheading 9817.00.96, HTSUS, covers: “Articles specially designed or adapted for the use or benefit of theblind or other physically or mentally handicapped persons; parts and accessories (except parts andaccessories of braces and artificial limb prosthetics) that are specially designed or adapted for use in theforegoing articles . . . Other.” The term “blind or other physically or mentally handicapped persons” includes“any person suffering from a permanent or chronic physical or mental impairment which substantially limitsone or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing,U.S. Note 4(a), Subchapter XVII, Chapter 98, HTSUS.hearing, speaking, breathing, learning, or working.” SubheadingHTSUS, excludes “(i) articles for acute or transient disability; (ii) spectacles, 9817.00.96, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnosticarticles; or, (iv) medicine or drugs.”U.S. Note 4(b), Subchapter XVII, Chapter 98, HTSUS. In Sigvaris, Inc. v. United States, 227 F. Supp 3d 1327, 1336 (Ct. Int’l Trade 2017), aff’d, 899 F.3d 1308(Fed. Cir. 2018), the U.S. Court of International Trade (CIT) explained that “specially” means “to an extentgreater than in other cases or towards others” and “designed” means something that is “done, performed, ormade with purpose and intent often despite an appearance of being accidental, spontaneous, or natural.” Wemust first evaluate “for whose, if anyone’s, use and benefit is the article specially designed,” and then,whether “those persons [are] physically handicapped.”, 899 F.3d at 1314. SigvarisThe Court of Appeals for the Federal Circuit (CAFC) clarified in Sigvaris, 899 F.3d at 1314-15 that to be“specially designed,” the merchandise “must be intended for the use or benefit of a specific class of personsto an extent greater than for the use or benefit of others” and adopted the five factors used by U.S. Customsand Border Protection (CBP):(1) the physical properties of the article itself (i.e., whether the article is easily distinguishable by propertiesof the design, form, and the corresponding use specific to this unique design, from articles useful tonon-handicapped persons); (2) whether any characteristics are present that create a substantial probability ofuse by the chronically handicapped so that the article is easily distinguishable from articles useful to thegeneral public and any use thereof by the general public is so improbable that it would be fugitive; (3)whether articles are imported by manufacturers or distributors recognized or proven to be involved in thisclass or kind of articles for the handicapped; (4) whether the articles are sold in specialty stores which servehandicapped individuals; and, (5) whether the condition of the articles at the time of importation indicatesthat these articles are for the handicapped.Based on the information supplied, the KORE Wireless OmniHub, model CG100 does satisfy the 5 factorshilips Respironics’ ventilatorscannot be adaptedset out by CBP. The device is used exclusively with P and for use with other devices. As a result, it is the opinion of this office that a secondary classification will applyin subheading 9817.00.96, HTSUS.Te duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenienceh and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are providedat https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or othercharges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and otherduties as provided for in Subchapter III to Chapter 99, HTSUS.Thus, for example, in addition to the classification stated above, the merchandise covered by this ruling may also need to be reported with eitherthe Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisionscovering exceptions to such tariffs.For further information to assist with the importation process, please refer to the frequently updated CargoSystems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at https://www.cbp.gov/trade/programs-administration/trade-remedies.The holding set forth above applies only to the specific factual situation and merchandise description asidentified 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 theinformation furnished in the ruling letter, whether directly, by reference, or by implication, is accurate andcomplete in every material respect. In the event that the facts are modified in any way, or if the goods do notconform to these facts at time of importation, you should bring this to the attention of U.S. Customs andBorder 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 periodicverification by CBP.This ruling is being issued under the provisions of Part 177 of the Customs and Border ProtectionRegulations (19 C.F.R. 177).A copy of the ruling or the control number indicated above should be provided with the entry documentsfiled at the time this merchandise is imported. If you have any questions regarding the ruling, please contactNational Import Specialist Steven Pollichino at [email protected].
Sincerely,
(for)James P. ForkanDirectorNational Commodity Specialist Division