CLA-2-84:OT:RR:NC:N1:102
Alexander Hauser
NSK Corporation
4200 Goss Road
Ann Arbor, MI 48105
RE: The tariff classification of ball bearings from Indonesia
Dear Mr. Hauser:
In your letter dated July 16, 2025, you requested a tariff classification ruling. Descriptive information was
provided with your submission.
The articles under consideration are ball bearings, item numbers 626T1XDDP-BMC2E-01 J EA3L5,
696T12DD3MC1ERU76A J EA3L5, 696T12DD3CG4AER-01 J EA3L5, 695T12DD1MC2ER J EA3L5, and
696T12DD3MC2ERU76A J EA3L5. The bearings are radial ball bearings that feature an outside diameter
that measures 15 or 19 millimeters. The deep-groove single row bearings consist of steel races, steel balls
incorporated into a polyamide resin cage, and custom-ordered rubber seals. The bearings are intended to be
used in portable oxygen concentrators, specifically the Rove 4 and Rove 6 portable oxygen concentrators.
The applicable subheading for the ball bearings will be 8482.10.5044, Harmonized Tariff Schedule of the
United States (HTSUS), which provides for Ball or roller bearings, and parts thereof: Other: Radial bearings:
Single row bearings: Other bearings, having an outside diameter of: 9 mm and over but not over 30 mm. The
general rate of duty will be 9 percent ad valorem.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e., 9903.01.25, in addition to subheading
8482.10.5044, HTSUS, listed above.
In your submission, you request consideration of a secondary classification for the articles above 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. Chapter 98, Subchapter
XVII, U.S. Note 4(a), HTSUS, defines the term blind or other physically or mentally handicapped persons as
including “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 oneself, performing manual tasks,
walking, seeing, hearing, speaking, breathing, learning, or working.”
The primary issue is whether the articles are specially designed or adapted for the use or benefit of the
handicapped within the meaning of Nairobi Protocol. Although the legislative history of the Nairobi Protocol
discusses the concerns of Congress that the design, modification, or adaptation of an article must be
significant so as to clearly render the article for use by handicapped individuals, no specific definition of
these terms was established by Congress. Since it is difficult to establish a clear definition of what is
specially designed or adapted, various factors must be utilized on a case-by-case basis to determine whether a
given article is specially designed or adapted within the meaning of this statute.
Treasury Directive 92-77, dated August 3, 1992 (Volume 26 Customs Bulletin Issue 35, dated August 26,
1992), sets forth Customs and Border Protection’s (CBP) position regarding certain issues arising under the
Nairobi Protocol. The first issue concerned the interpretation of the term specially designed or adapted. CBP
pointed out that a primary factor to be considered in determining whether an article was specially designed
and adapted was whether the article was easily distinguishable, by properties of the design and the
corresponding use specific to this unique design, from articles useful to non-handicapped individuals.
Therefore, if an article is solely dedicated for use by the handicapped it is CBP’s position that this would be
conclusive evidence that the article is specially designed or adapted for the handicapped for purposes of the
Nairobi Protocol.
To determine whether an article is specially designed or adapted for the use or benefit of handicapped
persons, five factors are outlined in Headquarters Ruling Letter (HQ) 556449, dated May 5, 1992. These
factors include: (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 this instance, the bearings are used in portable oxygen concentrators, which CBP determined qualified for
duty-free treatment under subheading 9817.00.96, HTSUS. See HQ H301481, dated June 14, 2019. However,
while portable oxygen concentrators are eligible for duty-free treatment under subheading 9817.00.96,
HTSUS, we find that as configured, the subject bearings, which are components of the oxygen concentrators,
do not have physical properties or special features that make them readily distinguishable from bearings used
in small compressors and other applications. The bearings are not uniquely designed for portable oxygen
concentrators and can be used in machines or applications that are for non-handicapped individuals. As such,
the bearings do not satisfy the description set forth in Chapter 98, Subchapter XVII, U.S. Note 4(a) and are
not eligible for HTSUS provision 9817.00.96.
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/.
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 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 Sandra Martinez at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division