RE: The tariff classification of ProHensor® cartridge structural components from China

U.S. Department of Homeland Security U.S. Customs and Border Protection National Commodity Specialist Division One World Trade Center, Suite 51.201 New York, NY 10007 U.S. Customs and Border Protection N365480 October 21, 2026 CLA-2-90:OT:RR:NC:N3 135 CATEGORY: Classification TARIFF NO.: 9021.39.0000; 9817.00.96 Darryl DuBre Marins, Inc. 23334 Frederick Lane Georgetown, DE 19947 RE: The tariff classification of ProHensor® cartridge structural components from China Dear Mr. DuBre: In your letter dated September 28, 2026, you requested a tariff classification ruling. Additional information was received by email dated September 30, 2026 and October 2, 2026. The products under consideration are five custom structural components used in the cartridge assemblies of the ProHensor® body-powered upper-limb prosthetic terminal device. The ProHensor® utilizes purpose-built, interchangeable cartridge configurations, including the patented LockCore™ cartridge and the VCore cartridge. Item MP-PGMMED-201, Center Bar, is a custom-manufactured 6061 aluminum component with a specific shape and features, designed for use within the LockCore™ cartridge of the ProHensor® upper-limb prosthetic terminal device. The component forms part of the central structural assembly of the LockCore™ cartridge and supports the positioning and operation of internal cartridge components. It is not an off-the-shelf or general-purpose component. Item MP-PGMMED-202, Left Core, and Item MP-PGMMED-203, Right Core, are custom-manufactured 6061 aluminum components with specific shapes and features, designed for use within the LockCore™ cartridge. They form the principal structural portions of the LockCore™ cartridge and provide support and positioning for internal cartridge components. They are not off-the-shelf or general-purpose components. Item MP-PGMMED-207, Core Post, is a custom-manufactured half-hard 360 brass component with a specific shape and features, designed for use within the cartridge assemblies of the ProHensor® upper-limb prosthetic terminal device. It is a shared component used in both the LockCore™ and VCore cartridge configurations. The Core Post serves as an internal structural and positioning element within these cartridge assemblies. It is not an off-the-shelf or general-purpose component. Item MP-PGMMED-219, Cartridge Blank, is a custom-manufactured 6061 aluminum component with a specific shape and features, designed for use within the VCore configuration of the ProHensor® upper-limb prosthetic terminal device. The component forms a principal structural portion of the VCore cartridge and provides support and positioning for components within the cartridge assembly. It is not an off-the-shelf or general-purpose component. The applicable subheading for the Center Bar, Left Core, Right Core, Core Post, and Cartridge Blank will be 9021.39.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “artificial parts of the body …: Other artificial parts of the body and parts and accessories thereof: 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 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. The Center Bar, Left Core, Right Core, Core Post, and Cartridge Blank are specially designed for the use and benefit of amputees, who suffer from permanent physical impairments. They are used exclusively in the cartridge assemblies of the ProHensor® body-powered upper-limb prosthetic terminal device, where they perform a specific function and have no other use. Furthermore, these articles are neither marketed to nor likely to be used by the general public. Therefore, they are eligible 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 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 Fei Chen at fei.chen@cbp.dhs.gov. Sincerely, (for) James P. Forkan Director National Commodity Specialist Division