CLA-2-83:OT:RR:NC:N5:121
9903.01.24; 9903.81.90; 9903.01.33; 9903.01.25; 9903.88.03; 9903.88.15
Melvin Archie
NOA Medical Industries LLC
801 Terry Lane
Washington, MO 63090
RE: The tariff classification of hardware packs from China
Dear Mr. Archie:
In your letter dated July 21, 2025, you requested a tariff classification ruling.
The articles under consideration are described as hardware packs: Item 7000049BEI — Side Rail Assembly
for Pan 3000 and 3250 Long Term Care Bed; and Item 7000050BEI — Side Rail Assembly for Pan 3500
Long Term Care Bed. The hardware packs consist of the following components:
Item 3040078, 2 steel wire corner mattress retainers. These connect to each corner of the bed frame to
hold the mattress in place.
Item 5340022BEI, 4 steel headboard and footboard brackets for Quick Release - horizontal. These are
straight metal columns that will be inserted into the vertical bracket. Together they will function to
attach the headboard or footboard to the bed.
Item 5340023BEI, 4 steel headboard and footboard brackets for Quick Release - Vertical. These are
L-shaped metal columns into which the horizontal bracket will be placed. Together they will function
to attach the headboard or footboard to the bed.
Item 4010015, 8 Cap Insert - Flat Head - 1/4-20x 16 mm (Honey Bronze). These are bronze cap inserts
that function to cover the hex screws that attach the headboard or footboard to their respective brackets.
Item 4000197 8 Hex screws - Cap, PPH, Steel, Zinc Plated - 1/4-20 x 1 1/2". These are steel, pan head,
socket cap screws that measure .25 inches in diameter.
Item 4000207, 1 Screw - Sheet Metal, PFH, Steel, Zinc Plated - #10-12 x 3/4". These sheet metal
screws measure approximately .190 inches (4.83 mm) in diameter and 3/4 inches long. They have a
Phillips head drive with a gimlet point.
Item 5340005, 4 Pin and Cable - Quick Release Steel Hd/Ft board - The quick release pins are made of
steel, are non-threaded, and have a spring-loaded locking ball mechanism on one end and a steel wire
loop attached at the top. A steel wire cable with a bracket for a screw is attached to the loop.
Item 4000036, 4 Insert - Plastic "IV" Socket - These plastic sockets are for IV poles and are put on the
top end of each headboard and footboard bracket.
Item 4040025, 1 Clamp - Adjustable Nylon Cable - These are used to hold a cable in place.
A 4 mm hex wrench. These wrenches are used to tighten the hex screws.
These packs consist of only some of the hardware used to complete the specified beds. The packs are
typically imported with the entire bed, but this request concerns the classification of the hardware packs when
imported separately. The Explanatory Notes, which constitute the official interpretation of the Harmonized
Tariff Schedule of the United States (HTSUS) at the international level, state in Note (X) to Rule 3 (b) that
the term "goods put up in sets for retail sale" means goods which:
(a) consist of at least two different articles which are prima facie, classifiable in different headings;
(b) consist of products or articles put up together to meet a particular need or carry out a specific
activity;
(c) are put up in a manner suitable for sale directly to users with repacking
The hardware packs do not meet the qualifications of "goods put up in sets for retail sale." The components
of the set consist of at least two different articles which are, prima facie, classifiable in different headings,
and they are packed for sale directly to users without repacking, but they are not put up together to meet a
particular need or carry out a specific activity. While the mattress retainers and headboard and footboard
brackets are used on a long-term care bed, their specific functions (retaining the mattress and connecting the
headboard /footboard) are unrelated. An interdependent relationship does not exist between the two articles.
Therefore, when imported separately from the beds, the components of these hardware packs are separately
classifiable.
The applicable subheading for Item 3040078, 2 steel wire corner mattress retainers; Item 5340022BEI, 4 steel
head and footboard brackets for Quick Release - horizontal; Item 5340023BEI, 4 steel headboard and
footboard brackets for Quick Release - Vertical; and Item 4010015, 8 Cap Insert - Flat Head - 1/4-20x 16 mm
(Honey Bronze) will be 8302.42.3065, HTSUS, which provides for Base metal mountings, fittings and
similar articles… Other mountings, fittings and similar articles, and parts thereof: Other, suitable for
furniture: Of iron or steel, of aluminum or of zinc; Other. The duty rate will be 3.9 percent ad valorem.
The applicable subheading for Item 4000197 8 Hex screws - Cap, PPH, Steel, Zinc Plated - 1/4-20 x 1 1/2"
will be 7318.15.8045, HTSUS, which provides for Screws, bolts, nuts, coach screws, screw hooks, rivets,
cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles:
Other screws and bolts, whether or not with their nuts or washers: Other: Having shanks or threads with a
diameter of 6 mm or more… Other: Socket screws: Other. The general rate of duty will be 8.5% ad valorem.
The applicable subheading for Item 4000207, 1 Screw - Sheet Metal, PFH, Steel, Zinc Plated - #10-12 x 3/4"
will be 7318.14.1060, HTSUS, which provides for Screws, bolts, nuts, coach screws, screw hooks, rivets,
cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: Threaded articles:
Self-tapping screws: Having shanks or threads with a diameter of less than 6 mm… Other. The general rate
of duty will be 6.2% ad valorem.
The applicable subheading for Item 5340005, 4 Pin and Cable - Quick Release Steel Hd/Ft board will be
7318.29.0000, HTSUS, which provides for Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters,
cotter pins, washers (including spring washers) and similar articles, of iron or steel: Non-threaded articles:
Other. The rate of duty will be 2.8%.
The applicable subheading for Item 4000036, 4 Insert - Plastic "IV" Socket and Item 4040025, 1 Clamp -
Adjustable Nylon Cable will be 3926.90.9989, HTSUS, which provides for “Other articles of plastics and
articles of other materials of headings 3901 to 3914: Other: Other: Other.” The general rate of duty is 5.3
percent ad valorem.
The applicable subheading for the 4 mm hex wrench will be 8204.11.0060, HTSUS, which provides for
Hand-operated spanners and wrenches (including torque meter wrenches but not including tap wrenches);
Socket wrenches, with or without handles, drives and extensions; base metal parts thereof: hand-operated
spanners and wrenches, and parts thereof: Nonadjustable, and parts thereof: Other (including parts). The
general rate of duty will be 9% ad valorem.
OPIOIDS
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheadings 8302.42.3065, 7318.15.8045, 7318.14.1060, 7318.29.0000, 3926.90.9989, or 8204.11.0060,
HTSUS, listed above.
Section 232 Steel Derivative products
On March 12, 2025, Presidential proclamation 10896 imposed additional tariffs on certain derivative iron or
steel products. Additional duties for derivative iron or steel products of 50 percent are reflected in Chapter
99, headings 9903.81.89, 9903.81.90, and 9903.81.91. Products provided by heading 9903.81.91, as well as
products of Chapter 73 provided by 9903.81.89 and 9903.81.90, will be subject to a duty of 50 percent upon
the value of the steel content. At the time of entry, you must report the Chapter 99 heading applicable to your
product classification, i.e. 9903.81.90, in addition to subheadings 7318.15.8045, 7318.14.1060, or
7318.29.0000, HTSUS. Derivative iron or steel products processed in another country from steel articles
melted and poured in the United States, provided for in heading 9903.81.92, are not subject to the additional
ad valorem duties.
Reciprocal:
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 of China, Hong
Kong, and Macau will be subject to an additional ad valorem rate of duty of 10 percent. The items classified
under subheadings 7318.15.8045, 7318.14.1060, and 7318.29.0000 fall within an excepted subheading. At
the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e.
9903.01.33, in addition to subheadings 7318.15.8045, 7318.14.1060, or 7318.29.0000, HTSUS, listed
above. However, the items classified under subheadings 8302.42.3065, 3926.90.9989, or 8204.11.0060 do
not fall within an excepted subheading. For these items 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 subheadings 8302.42.3065,
3926.90.9989, or 8204.11.0060, HTSUS, listed above.
301
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheadings 7318.15.8045, 7318.14.1060, 7318.29.0000, or 8204.11.0060, HTSUS, unless specifically
excluded, are subject to an additional 25 percent ad valorem rate of duty. At the time of importation, you
must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheadings 7318.15.8045,
7318.14.1060, 7318.29.0000, or 8204.11.0060, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheadings 3926.90.9989, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15,
in addition to subheading 3926.90.9989, HTSUS, listed above.
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 contents of hardware pack Item 7000049BEI and Item 7000050BEI
entered separately do not satisfy the 5 factors set out by CBP. We hold the opinion that these items are not
“specifically designed or adapted” for the handicapped and that they are general enough in nature that they
lack the characteristics “that create a substantial probability of use by the chronically handicapped” and are
not “easily distinguishable from articles useful to the general public,” to the extent that the “use thereof by
the general public is so improbable that it would be fugitive.” As a result, it is the opinion of this office that a
secondary classification will not apply in subheading 9817.00.96, HTSUS.
The photos of the submitted samples indicate that these hardware packs when imported separately are not
marked with their country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides
in part:
Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall
be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or
container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English
name of the country of origin of the article, at the time of importation into the Customs territory of the
U.S.
The tariffs and additional 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/.
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 Jennifer Jameson at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division