CLA-2-48:OT:RR:NC:N5:130
Ms. Kitty Wang
Nakagawa Mfg. (USA), Inc.
1709 Junction Ct. Suite 380
San Jose, California 95112
RE: Applicability of Nairobi Protocol to thermal paper from Vietnam
Dear Ms. Wang:
In your letter, dated June 19, 2025, you requested a binding trade program ruling for Bisphenol A (BPA)-free
thermal paper. Product information and images were submitted for our review.
In your letter, you explain that the BPA-free thermal paper, specifically identified by model number 3643,
item number 100057785. You indicate that the thermal paper is used in Abbott’s heart-lung machine testing
equipment. You state that the paper is used “in critical diagnostic and therapeutic procedures…” You argue
that this use of the thermal paper qualifies it for special treatment under the Nairobi Protocol set forth in
subheading 9817.00.96, Harmonized Tariff Schedule of the United States (HTSUS).
Subheading 9817.00.96, HTSUS, specifically provides for:
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:
The BPA-free thermal paper is not specially designed or adapted for the use of blind or other physically or
mentally handicapped persons. These persons do not use the thermal paper at all; it is instead used in
diagnostic equipment in hospitals or rehabilitation facilities. We note that BPA-free thermal paper is also not
limited to use in medical facilities, but is also used in hospitality and retail industries. Note 4(b)(iii) to
Subchapter XVII, HTSUS, specifically provides that subheading 9817.00.96, HTSUS, does not cover
“therapeutic and diagnostic articles”. Therefore, the thermal paper’s use in diagnostic and therapeutic
equipment does not entitle it to benefit under the Nairobi Protocol. Subheading 9817.00.96 therefore does
not apply.
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 Laurel Duvall at [email protected].
Sincerely,
(for)
Steven A. Mack
Director
National Commodity Specialist Division