Newly Released CBP HQ Rulings March 15
The Customs Rulings Online Search System (CROSS) was updated March 15 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H330775: Affirmation of NY N326427; Tariff classification of footwear insoles
| Ruling: NY N326427, dated June 23, 2022, correctly classified the Orpyx SI Flex Sensory Insoles and Orpyx SI Custom Sensory Insoles under subheading 6406.90.30. |
| Issue: What is the tariff classification of the Orpyx SI Flex Sensory Insoles and Orpyx SI® Custom Sensory Insoles? |
| Item: The Orpyx SI Flex Sensory Insoles and Orpyx SI Custom Sensory Insoles are removable footwear insoles available to men and women in a full complement of shoe sizes. The insoles are not available in retail establishments and are targeted to patients of podiatrists. The Orpyx SI Flex Sensory Insoles are constructed in three layers and the Orpyx SI Custom Sensory Insoles, which might be prescribed for those needing additional foot support, are constructed with an additional foam layer that can be molded. The base layer of both versions is composed of Ethylene-vinyl acetate to provide durability. The next layer incorporates the OSI Sensory System consisting of multiple pressure and temperature sensors, 6-axis IMUs that utilize accelerometers, gyroscopes, etc., and Cellular and Bluetooth transmitters. The top foam layers consist of rubber/plastics such as EVA and polyurethane covered with a microfiber lining. The insoles are packed with charging wires, enabling a weekly or biweekly charge. When the insoles are worn, both versions collect physiologic data such as wear-time, pressure, step count, orientation, and temperature while the user performs their daily activities. The data gathered is transmitted via cellular and Bluetooth technology to the internet. Data patterns can be accessed and monitored by phone, tablet, computer, etc., by the wearer and medical professionals with the goal of effective decision-making regarding designing care plans to manage, and to possibly prevent, diabetic foot ulcers and other foot problems. |
| Reason: The sensory insoles at issue are not classified in heading 9018 as instruments or appliances used in medical sciences. While the insoles collect data points such as wear-time, pressure, step count, orientation, and temperature, which might provide information to a medical professional that a further investigation is necessary, these are not physiological parameters that directly point to medical diagnoses. The sensory insoles under consideration differ from the devices at issue in NY N141415 and NY N289886, which were designed to measure vital signs such as blood pressure, lung capacity, blood oxygen saturation, heart rate, and respiration rate, which point directly to a diagnosis of diseases or ailments. |
| Ruling Date: March 12, 2024 |