The tariff classification of a “Charger Package Assembly” from China

N360577 April 24, 2026 CLA-2-85:OT:RR:NC:N2:209 CATEGORY: Classification TARIFF NO.: 8517.62.0090; 9817.00.96 Kayla Owens Stein Shostak Shostak Pollack & O'Hara 445 S. Figueroa Street, Suite 2388 Los Angeles, CA 90071 RE: The tariff classification of a “Charger Package Assembly” from China Dear Ms. Owens: In your letter dated April 9, 2026, you requested a tariff classification ruling on behalf of your client, SetPoint Medical Corporation. The item concerned is referred to as a “Charger Package Assembly” set which consists of a charger, docking station, and carrying case. This assembly is engineered, manufactured, and intended solely for use with the SetPoint System, which is an implantable neuro stimulation medical device indicated for the treatment of rheumatoid arthritis (RA). In use, the implantable neuro stimulator (not part of this assembly/set) would be housed within a pod and implanted on the left vagus nerve in the patient’s neck. The stimulator delivers targeted electrical stimulation to the cervical vagus nerve. The therapy is intended to reduce RA disease activity, improve patient-reported outcomes, and support disease control. The SetPoint System does not heal or provide a cure for RA; rather, it serves as a means of helping those suffering from RA to live with the condition. The charger is a wireless device that is worn around the neck. It contains a rechargeable lithium-ion battery and a Bluetooth radio transceiver. The charger is used to charge the implant at home and to program the implant during clinic visits. The charger works together with the programmer, which is an app on an Apple iPad®. Healthcare professionals use the app to program the implant and to turn stimulation off or back on when needed. The app also shows the healthcare professional important information about the implant and charger, such as how many doses were delivered or missed and the implant’s battery level. Therefore, the charger is used to both charge the implant and to transmit and receive data to and from the implant. The docking station is externally powered through a power supply cord and has a power output not exceeding 50 watts. The docking station’s sole use is for charging and holding the SetPoint System charger. The carrying case has an outer surface of polyurethane and is specially designed to hold the SetPoint System charger and docking station. Each compartment of the carrying case is uniquely shaped to the specific components of the SetPoint System “Charger Package Assembly”. SetPoint plans to invoice, sell, and import the SetPoint System charger, docking station and carrying case as a set which it refers to as the “Charger Package Assembly”. It is CBP’s opinion, that the “Charger Package Assembly” meets the criteria of a GRI 3(b) set for classification purposes. As a result, the “Charger Package Assembly” set should be classified as a set under the HTS provision of the component that gives the set its essential character. It is CBP’s opinion that the essential character of this set is imparted by the charger. The charger is used to charge the SetPoint System implant and transmit/receive data to and from the implant in the patient’s neck. Based on the information supplied, the charger itself would be considered a composite machine as is provided for in Section XVI Note 3. Both the charging functionality (heading 8504), and the data transfer functionality (heading 8517) are equally important to the overall performance of this unit. It is CBP’s position that no single principal function can be determined. When considering composite goods and two or more headings are under consideration and no one heading provides a principal function, the good is classified under the heading which occurs last in numerical order among those which merit equal consideration. The applicable subheading for the “Charger Package Assembly” set 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 the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network)…: Other apparatus for transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network): Machines for the reception, conversion and transmission or regeneration of voice, images or other data, including switching and routing apparatus: Other.” The general rate of duty will be 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 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. Based on the information supplied, the “Charger Package Assembly” set does satisfy the 5 factors set out by CBP. This set is used exclusively with the implantable neuro stimulator and is not capable of being used with any other product. As a result, it is the opinion of this office that a secondary classification will apply in 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 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 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 Steven Pollichino at steven.pollichino@cbp.dhs.gov. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division