The tariff classification of Spirit Liquid Oxygen System component from China.

N358390 February 23, 2026 CLA-2:OT:RR:NC:N143 CATEGORY: Classification TARIFF NO.: 9019.20.0000; 9817.00.96 David Robeson Consultant 123 Air Cargo Road North Syracuse, NY 13212 RE: The tariff classification of Spirit Liquid Oxygen System component from China. Dear Mr. Robeson: In your letter dated January 30, 2026, you requested a tariff classification ruling on behalf of CAIRE Inc. The item in consideration is the Fitting Orifice with Filter Assembly (Part 10932098), which is a component specifically designed for the Spirit Liquid Oxygen System. The Fitting Orifice with Filter Assembly (Part 10932098) is an aluminum component featuring a 40-micron Stainless Steel Dutch weave filter. The filter is pressed-fit and non-removable. The orifice is very small, measuring 0.65 inches in length and 0.563 inches in width, with a filter diameter of approximately 0.313 inches to allow gas flow. The Fitting Orifice with Filter Assembly is designed to adapt internal tubing to the pressure relief valve in liquid oxygen bottles. It prevents debris or ice from interfering with relief valve operation, helps regulate the head pressure and delays the escape of liquid oxygen if the unit is tipped over. The Fitting Orifice with Filter Assembly serves as a mounting surface and a filter, and it can be replaced as a single component when servicing. It is specifically designed to fit the Spirit Liquid Oxygen System and is compatible with other portable liquid oxygen systems, including the Sprint and Stroller models by Caire, Inc. The Spirit Liquid Oxygen System is a lightweight, portable, vacuum-insulated cryogenic vessel designed to store oxygen and maintain it in a liquid state. It features an internal vaporizer and flow controller to deliver supplemental oxygen directly to the patient, similar to a typical oxygen concentrator. Supplemental oxygen provided by the system increases blood oxygen saturation above 90% SpO2, improving quality of life and mobility of the patients. The Spirit Liquid Oxygen System can only be prescribed and obtained by licensed healthcare providers and is used to treat patients requiring portable oxygen therapy, including those who suffer from chronic illnesses such as Chronic Obstructive Pulmonary Disease (COPD). The applicable subheading for the Fitting Orifice with Filter Assembly (Part 10932098) will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]zone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.” The general rate of duty will be free. In your submission you also requested consideration of a secondary classification for the Fitting Orifice with Filter Assembly (Part 10932098), under subheading 9817.00.96, Harmonized Tariff Schedule of the United Sates (HTSUS), which applies to articles and parts and accessories of articles specifically designed or adapted for the use or benefit of the permanently or chronically physically or mentally handicapped. Subheading 9817.00.96, HTSUS, covers: “Articles 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 . . . 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 limits one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, or working.” U.S. Note 4(a), Subchapter XVII, Chapter 98, HTSUS. Subheading 9817.00.96, HTSUS, excludes “(i) articles for acute or transient disability; (ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; (iii) therapeutic and diagnostic articles; 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 extent greater than in other cases or towards others” and “designed” means something that is “done, performed, or made with purpose and intent often despite an appearance of being accidental, spontaneous, or natural.” We must first evaluate “for whose, if anyone’s, use and benefit is the article specially designed,” and then, whether “those persons [are] physically handicapped [].” Sigvaris, 899 F.3d at 1314. The 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 persons to an extent greater than for the use or benefit of others” and adopted the five factors used by U.S. Customs and Border Protection (CBP): (1) the physical properties of the article itself (i.e., whether the article is easily distinguishable by properties of the design, form, and the corresponding use specific to this unique design, from articles useful to non-handicapped persons); (2) whether any characteristics are present that create a substantial probability of use by the chronically handicapped so that the article is easily distinguishable from articles useful to the general 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 this class or kind of articles for the handicapped; (4) whether the articles are sold in specialty stores which serve handicapped individuals; and, (5) whether the condition of the articles at the time of importation indicates that these articles are for the handicapped. In Headquarters Ruling H301481, dated Jun 14, 2019, CBP determined that a portable oxygen concentrator qualifies for duty-free treatment under subheading 9817.00.96, HTSUS. Additionally, in NY ruling N317374, dated February 25, 2021, CBP determined that the Specialized Connector Bellows with Elbow, a part specifically designed for use with EverFlo Oxygen Concentrator, is eligible for duty-free treatment under subheading 9817.00.96, HTSUS. As such, the Fitting Orifice with Filter Assembly (Part 10932098), a part specifically designed to fit the Spirit Liquid Oxygen System, is also entitled for duty-free treatment under subheading 9817.00.96, HTSUS. The 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/. This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other duties 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 either the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions covering exceptions to such tariffs. For further information to assist with the importation process, please refer to the frequently updated Cargo Systems Messaging Service (CSMS) messages at https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and Frequently Asked Questions on the Trade Remedy/IEEPA page at https://www.cbp.gov/trade/programs-administration/trade-remedies/IEEPA-FAQ. 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 Dionisia Melman at dionisia.y.melman@cbp.dhs.gov. Sincerely, (for) James Forkan Designated Official Performing the Duties of the Division Director National Commodity Specialist Division