CLA-2-75:OT:RR:NC:N5:116

Susie Hoeger
Abbott
100 Abbott Park Road, D-03CC, AP6D-2
Abbott Park, IL 60031

RE: The tariff classification of nitinol tubing from Germany and bovine pericardium tissue from the Netherlands

Dear Ms. Hoeger:

In your letter dated January 9, 2026, you requested a tariff classification ruling. The products to be imported are identified as nitinol tubing and bovine pericardium tissue for use in Abbott’s Navitor™ Vision Heart Valve. According to your submission, the nitinol (NiTi) tubing is made to ASTM F2063. This nickel alloy tubing is seamless and cold-drawn.

Imported in addition to the nitinol tubing, is bovine pericardium tissue used in the production of the Navitor™ Heart Valve which is part of Transcatheter Aortic Valve Implantation (TAVI) System, also referred to as Transcatheter Aortic Valve Replacement (TAVR). TAVR is indicated for patients suffering from severe symptomatic aortic stenosis, a permanent and chronic heart condition where the aortic valve that controls blood flow from the heart to the rest of the body does not open fully.

In your letter, you state the bovine pericardium tissue is a raw material that is harvested from the Netherlands. It then undergoes a multi-step series of processes in the Netherlands to prepare the tissue for exclusive use in the Transcatheter Aortic Valve Replacement. The pericardium tissue is imported into the United States (U.S.) under a special permit issued by the United States Department of Agriculture (USDA) for strict use in the production of human heart valves. You claim that the importation of the bovine pericardium tissue, in the manner in which it is imported, has no other reasonable use.

The applicable subheading for the nitinol tubing will be 7507.12.0000, Harmonized Tariff Schedule of United States (HTSUS), which provides for nickel tubes, pipes and tube or pipe fittings (for example, couplings, elbows, sleeves): tubes and pipes: of nickel alloys. The general rate of duty will be 2 percent ad valorem. The applicable subheading for the bovine pericardium tissue will be 3001.90.0190, HTSUS, which provides for “other human or animal substances prepared for therapeutic or prophylactic uses, not elsewhere specified or included: Other: Other.” The general rate of duty will be free.

You have requested consideration of the nitinol tubing and of the bovine pericardium tissue for eligibility for preferential tariff treatment under the Nairobi Protocol. In your submission you requested 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.

The Nairobi Protocol to the Agreement on the Importation of Educational, Scientific, and Cultural Materials Act of 1982, established the duty-free treatment for certain articles for the handicapped. Presidential Proclamation 5978 and Section 1121 of the Omnibus Trade and Competitiveness Act of 1988, provided for the implementation of the Nairobi Protocol into subheadings 9817.00.92, 9817.00.94, and 9817.00.96, HTSUS. These tariff provisions specifically state that "[a]rticles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons: parts and accessories (except parts use in the foregoing article" are eligible for duty-free treatment. U.S. Note 4(a), subchapter XVII, and accessories of braces and artificial limb prosthetics) that are specially designed or adapted for Chapter 98, HTSUS, states that, "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(b), subchapter XVII, Chapter 98, HTSUS, which establishes limits on classification of products in these subheadings, states as follows: (b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover-- (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.

The primary issue regarding the nitinol tubing and the bovine pericardium tissue in question is whether they are parts "specifically designed or adapted" for use in the heart valve, which is specially designed or adapted for the use or benefit of the handicapped within the meaning of the 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. See Senate Report (Finance Committee) No. 97-564, (September 21, 1982). See also, Headquarters Ruling Letter (HRL) 951004 dated March 3, 1992. 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.

Regarding the subject nitinol tubing, although it will be used as a component in Abbott’s Navitor™ Vision Heart Valve (a medical device), you state that the tubing also has many industrial uses (i.e., aerospace, robotics, etc.). Since the tubing has many uses, this office finds that the nitinol tubing is ineligible for duty-free treatment under subheading 9817.00.96, HTSUS.

Based on the information submitted, it is the opinion of this office that the imported bovine pericardium tissue is a raw material that is not eligible for duty-free treatment under subheading 9817.00.96, HTSUS, which 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 article: Other.”

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 nitinol tubing, please contact National Import Specialist (NIS) Angelia Amerson at [email protected]. If you have any questions concerning the bovine pericardium tissue, contact NIS Judy Lee at [email protected].
Sincerely,

(for)
Denise Faingar
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division