N353814

N353814 October 15, 2025 CLA-2-90:OT:RR:NC:N3:135 CATEGORY: Classification TARIFF NO.: 9019.20.0000; 9817.00.96 Andrea Abraham Meeks, Sheppard, Leo & Pillsbury LLP 570 Lexington Avenue, 24th floor New York, NY 10022 RE: The tariff classification of Optilife chin straps from Mexico, Costa Rico, and Dominican Republic Dear Ms. Abraham: In your letter dated September 16, 2025, you requested a tariff classification ruling on behalf of Philips RS North America LLC. Additional information was provided by email dated October 3, October 6, and October 8, 2025. The items under consideration are three types of Optilife chin straps - Chin Strap, Deluxe Chin Strap and Premium Chin Strap) - for CPAP nasal and nasal pillow masks that are designed exclusively for the Philips DreamStation™ CPAP Sleep Therapy devices. These devices provide continuous airway pressure (CPAP) and Bilevel Positive Airway Pressure (BiPAP) therapy to treat patients with obstructive sleep apnea. The chin straps are made of fabric with Velcro attachment points for sizing and adjustments. Their purpose is to keep the user’s mouth closed during therapy, ensuring the proper delivery of continuous positive airway pressure. Users select a chin strap based on size and personal preference. The Optilife Chin Strap cradles the chin and extends diagonally past the ear to the back of the head, secured with a hook and loop closure. The Optilife Deluxe Chin Strap is a basic closed loop, approximately 4 inches wide, extending from the chin to the top of the head fastened by a hook-and-loop closure. It also has an anchoring strap for stability. The Optilife Premium Chin Strap cradles the chin and extends vertically to the top of the head, with a sewn-in strap that tightens around the back of the head. These chin straps provide a non-intrusive method of gently keeping the mouth closed, enabling the CPAP Sleep Therapy device to function effectively. They are worn over nasal masks or nasal pillow masks and feature minimal contact points on the top or back of the head to ensure compatibility with the masks. This design allows the device to deliver therapy according to the prescription, particularly for users who cannot tolerate a full-face mask. Chin straps are required for nighttime mouth breathers, as therapy becomes ineffective if the mouth opens during sleep. Properly positioned chin straps ensure the delivery of continuous positive airway pressure, prevent bacterial accumulation (reducing the risk of respiratory infections), avoid skin irritation or pressure sores, and ensure a high level of continued use. While full-face masks are an alternative, some users find them intolerable and rely on chin straps to maintain therapy effectiveness. You state the chin straps are specifically designed for use with the DreamStation™ CPAP Sleep Therapy devices and have no standalone function. They are used with the headgear of the mask and the device and are specially made to ensure a proper fit of the mask and to keep the pillow cushion in the patient's nostrils. No one would buy one unless they owned the DreamStation™ CPAP Sleep Therapy device. The applicable subheading for the Optilife chin straps will be 9019.20.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “[o]zone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus; parts and accessories thereof.” The general rate of duty will be free. Products of Mexico as provided by heading 9903.01.01 in Section XXII, Chapter 99, Subchapter III, U.S. Note 2(a), HTSUS, other than products classifiable under headings 9903.01.02, 9903.01.03, 9903.01.04, and 9903.01.05, HTSUS, will be subject to an additional 25 percent ad valorem rate of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.01, in addition to subheading 9019.20.0000, HTSUS, listed above. Articles that are entered free of duty under the terms of general note 11 to the HTSUS (U.S.-Mexico-Canada Agreement (USMCA)), including any treatment set forth in subchapter XXIII of Chapter 98 and subchapter XXII of chapter 99 of the HTSUS, will not be subject to the additional ad valorem duties provided for in heading 9903.01.01. If your product is entered duty free as originating under the USMCA, you must report heading 9903.01.04, HTSUS, in addition to subheading 9019.20.0000, HTSUS 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 Dominican Republic will be subject to an additional ad valorem rate of duty of 10 percent. 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 9019.20.0000, HTSUS, listed above. 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 Costa Rica will be subject to an additional ad valorem rate of duty of 15 percent. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.02.14, in addition to subheading 9019.20.0000, HTSUS, listed above. 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 Mexico are not subject to reciprocal tariffs. At the time of entry, you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.27, in addition to subheading 9019.20.0000, HTSUS, listed above. However, the additional duties imposed by heading 9903.01.01, 9903.01.25, or 9903.02.14 shall not apply to goods for which entry is properly claimed under a provision of chapter 98 of the tariff schedule pursuant to applicable regulations of U.S. Customs and Border Protection (“CBP”), and whenever CBP agrees that entry under such a provision is appropriate, except for goods entered under heading 9802.00.80; and subheadings 9802.00.40, 9802.00.50, and 9802.00.60. 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 13

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) Evan Conceicao Designated Official Performing the Duties of the Division Director National Commodity Specialist Division