Background

In the Aug. 14, 2024, Customs Bulletin and Decisions, U.S. Customs and Border Protection proposed to reclassify hearing amplification devices as other headphones and earphones under HTSUS 8518.30.20 (duty-free) rather than as hearing aids under HTSUS 9021.40.00 (duty-free). Rulings NY N283085, NY N166443, NY N025447, and NY D80822 would be revoked to reflect this change. Comments are due no later than Sept. 14.

The products at issue are intended to be worn as in-ear sound amplification devices and do not require a special prescription. Components of these item include sound amplifiers; microphones; earplugs, earbuds, or tubes to carry sound into the ear; batteries; and storage cases.

CBP states that both hearing aids and personal sound amplification products can improve one’s ability to hear sound and that some of their technology and function is similar. However, hearing aids are sophisticated, highly customized devices tailored to a user’s specific hearing deficits, whereas PSAPs are intended for non-hearing-impaired consumers to amplify sounds in the environment for any number of reasons.

For more information on how to seek or utilize classification and other rulings, please contact attorney Deb Stern at (305) 894-1007 or via email.

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