Orthodontic Protection Products
CN β US| HS Code | Tariff Rate | Origin | Destination | Doc |
|---|---|---|---|---|
| 9021218000 | 10.0% | CN | US | Official Doc |
| 9021294000 | 10.0% | CN | US | Official Doc |
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AI Analysis
π¦· Orthodontic Protection Products (Mouthguards & Dental Guards)
π HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Analysis | Professional-Level Clearance Strategy
π I. Product Definition & Classification: Do You Really Understand "Orthodontic Protection"?
Orthodontic protection products, commonly referred to as mouthguards, night guards, or dental splints, are specialized appliances worn in the mouth. In international trade, they are strictly categorized under Chapter 90: Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus.
Crucially, they are NOT considered "toothbrushes" or "dentifrices." They fall under Section 90.21: Orthopedic appliances... artificial parts of the body....
Key Distinction: * Custom-Made (Dental Fittings): If the product is made specifically for a patient based on a dentist's impression (e.g., custom night guards, braces retainers), it is classified as "Dental Fittings" (HS 9021.29). * Pre-fabricated/Over-the-Counter: Even if "boil-and-bite," if it serves as a protective appliance for teeth/jaws, it remains under the 9021 umbrella, specifically differentiated by material.
β οΈ Critical Classification Point:
- If the product is Artificial Teeth (replacement teeth) β HS 9021.21
- If the product is a Protective Appliance/Fitting (mouthguard, splint) β HS 9021.29
- Material matters: Plastics vs. Other materials determine the final subheading.
π¦ II. HS Code Classification Details (2026 Latest Tariff Authority Comparison)
Based on the provided data, the relevant HS Codes for Orthodontic Protection Products are:
| HS Code | Product Description | Application Scenario | Material |
|---|---|---|---|
9021.21.80.00 |
Artificial teeth and parts and accessories thereof: Other | Custom dental fittings, retainers, prosthetics not made of plastics | Non-Plastic (e.g., Metal, Ceramic, Resin composites not classified as plastic) |
9021.29.40.00 |
Other: Of plastics | Standard orthodontic mouthguards, night guards, sleep apnea devices, boil-and-bite guards | Plastics (PVC, EVA, Polyethylene, etc.) |
π Key Reminder:
- Most commercial Orthodontic Protection Products (mouthguards) are made of Plastics (EVA, etc.). Therefore,9021.29.40.00is the most likely applicable code for standard protection products.
- If the product contains significant non-plastic components (e.g., metal clasps for retainers) and is not primarily plastic, consider9021.21.80.00, but verify with customs if the plastic is the essential character.
π° III. 2026 Latest Tariff Rate Breakdown (Detailed Tax Terms)
β Applicable Country: United States (US)
β Origin: China (CN)
β Effective Time: Current (2026)
π― 1. 9021.29.40.00 ββ Orthodontic Protection Products (Of Plastics)
| Item | Content |
|---|---|
| Base Duty Rate | 0.0% (ad valorem) |
| Additional Duty (Section 301/Other) | 0.0% |
| Total Tax Rate | 0.0% |
| Tax Calculation | CIF Value Γ 0.0% = $0.00 |
| De Minimis Eligibility | β Yes (if value < $800) |
| Legal Basis Path | HTSUS:9021.29.40.00 |
π Explanation:
- No Base Tariff: Medical and orthopedic aids often enjoy preferential or zero-rated base tariffs.
- No Additional Tariffs: Unlike many consumer goods, orthopedic appliances made of plastic (HS 9021.29.40.00) are exempt from the heavy Section 301 and IEEPA tariffs that affect many other Chinese goods.
- Zero Cost Advantage: This is a duty-free entry, providing a significant competitive advantage in price.
π― 2. 9021.21.80.00 ββ Artificial Teeth & Parts (Other/Materials)
| Item | Content |
|---|---|
| Base Duty Rate | 0.0% (ad valorem) |
| Additional Duty (Section 301/Other) | 0.0% |
| Total Tax Rate | 0.0% |
| Tax Calculation | CIF Value Γ 0.0% = $0.00 |
| De Minimis Eligibility | β Yes (if value < $800) |
| Legal Basis Path | HTSUS:9021.21.80.00 |
π Explanation:
- Similar to the plastic version, this code also carries 0% total tax.
- Use this only if the product is definitively not classified as plastic (e.g., specific metal/ceramic dental components).
π οΈ IV. Customs Clearance Practical Advice (Real-World Pitfall Guide)
β 1. Documentation Checklist (Non-Negotiable)
| Document | Must Provide | Description |
|---|---|---|
| β Product Specification Sheet | βοΈ | Clearly state material (e.g., "100% EVA Plastic"), function (e.g., "Orthodontic Protection"), and whether it is custom-made or pre-fabricated. |
| β Product Photos | βοΈ | Clear images of the mouthguard, packaging, and any labeling showing material composition. |
| β Composition Statement | βοΈ | Explicitly state: "Material: Thermoplastic Polyethylene. No metal components." |
| β Commercial Invoice | βοΈ | HS Code 9021.29.40.00, Product Name: "Orthodontic Plastic Mouthguard". |
| β Origin Certificate (if applicable) | βοΈ | To prove origin (China), though taxes are 0%, it helps in tracking. |
β 2. Declaration Tips (Critical!)
π₯ βMaterial is King, Function is Queen!β
| Scenario | Correct Declaration | Wrong Practice |
|---|---|---|
| Plastic Mouthguard | HS 9021.29.40.00Name: "Plastic Orthodontic Mouthguard" |
Misclassify as "Toothbrush" (HS 9603) β 2.5-9.5% Tax Risk |
| Custom Dental Retainer | HS 9021.21.80.00 or 9021.29Name: "Dental Retainer" |
Call it "Sports Guard" β Confusion, potential audit |
| Mixed Material (Plastic + Metal Clasp) | Consult Customs β Likely 9021.29 if plastic is essential character |
Declare as "Metal Part" β Higher tax risk |
| Over-the-Counter (Boil & Bite) | HS 9021.29.40.00Name: "Thermoplastic Dental Guard" |
Declare as "Toy" or "Fashion Accessory" β High Penalty Risk |
π Note:
- Do NOT classify under HS 9603 (Brooms/Brushes) or HS 9505 (Festive articles). These are medical/orthopedic aids.
- Do NOT classify under HS 3926 (Plastic articles) just because it's plastic. Chapter 90 takes precedence for medical/orthopedic use.
β 3. Special Cases
| Situation | Handling Advice |
|---|---|
| Custom-Made vs. Pre-fabricated | Both fall under 9021. Be consistent with the description. Custom-made may require a prescription mention (though not always required for clearance, it supports medical use). |
| Sports Mouthguards | Still HS 9021.29.40.00 if designed for dental protection. Label as "Dental Protection Appliance." |
| Sleep Apnea Devices | Often classified under 9021.29.40.00 if plastic. Ensure it's not classified as a "Medical Device" requiring FDA pre-approval if intended for therapeutic use beyond protection. |
π V. Global Market Clearance Comparison (2026 Latest)
| Country/Region | Recommended HS Code | Duty Rate | Certification Requirement | Note |
|---|---|---|---|---|
| πΊπΈ USA | 9021.29.40.00 |
0.0% | FDA (if therapeutic), CPC (if for children) | Duty-Free! Major advantage. |
| π¨π³ China | 9021.29.40.00 |
0-5% | CCC (if applicable) | Low duty. |
| πͺπΊ EU | 9021.29.40 |
0% | CE Marking (Medical Device Regulation) | No duty if conforming. |
| π¬π§ UK | 9021.29.40 |
0% | UKCA Marking | Post-Brexit rules apply. |
| π¦πΊ Australia | 9021.29.40 |
0-5% | TGA Registration (if medical) | Low duty. |
| π―π΅ Japan | 9021.29.40 |
0% | PMDA (if medical) | Low duty. |
π Conclusion:
- USA is the most favorable market due to the 0.0% total tariff rate for plastic orthodontic appliances.
- No Section 301 tariffs apply, unlike many consumer goods.
- Key Risk: Not tariff, but Regulatory Compliance (FDA/CE). Ensure your product is classified correctly as an orthopedic/dental appliance, not a general consumer good, to maintain the 0% duty status.
π VI. Common Mistakes & Pitfall Guide (Lessons Learned)
β Mistake 1: Classifying as "Plastic Toy" or "Fashion Accessory"
π Consequence: Incorrect HS Code β Potential audit β Back taxes + Penalties. Even if duty is 0%, wrong classification damages compliance record.
β Mistake 2: Classifying under "Toothbrushes" (HS 9603)
π Consequence: Wrong chapter β 2.5-9.5% Duty instead of 0%. Also, misrepresentation of product nature.
β Mistake 3: Ignoring Material Composition
π Consequence: If metal parts are present, customs may question the "Plastic" classification.
π Solution: Provide detailed material breakdown. If plastic is >50% by weight and essential character, 9021.29.40.00 is defensible.
β Mistake 4: Not declaring "Orthodontic" or "Dental" in Description
π Consequence: Vague description ("Plastic Mouthpiece") β Customs rejection or request for more info β Delays.
π Solution: Use precise terms: "Orthodontic Protection Mouthguard, Plastic."
β Correct Declaration Example:
"Orthodontic Protection Mouthguard, made of Thermoplastic Polyethylene (Plastic), designed to protect teeth during sleep/sports, Model XYZ, FDA Registered (if applicable)"
π― VII. Conclusion: Professional Declaration, Zero Duty, Smooth Clearance!
π― Remember the Key Points:
πΉ "Plastic Mouthguards = 0% Duty in USA"
πΉ "HS 9021.29.40.00 is your friend"
πΉ "Declare Material & Function Clearly"
πΉ "Avoid 'Toy' or 'Brush' Classification"
π Pro Tip:
If your product is custom-made based on dental impressions, it is still under 9021. Ensure your invoice clearly states "Custom Dental Appliance" to avoid being misclassified as a generic sports guard.
π£ Immediate Action:
π Verify FDA Status: If marketed as a medical device, ensure compliance.
π Prepare Material Specs: Confirm 100% plastic or dominant plastic content.
π Apply for HS Code Advance Ruling: If unsure, request a ruling from CBP for certainty.
β¨ Professional Clearance Starts with Accurate Classification!
πΌ Your Zero-Duty Advantage is Your Competitive Edge!
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About HS Code Classification
The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.
Each HS code follows a hierarchical structure:
- Chapter (2 digits) β Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
- Heading (4 digits) β More specific grouping within the chapter
- Subheading (6 digits) β Internationally standardized breakdown, used by all WCO member countries
- National subdivisions (8-10 digits) β Country-specific extensions for further classification, such as US HTSUS 10-digit codes
Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.
When importing from CN to US, the applicable tariff rates may include:
- Most-Favored-Nation (MFN) rate β The standard duty rate applied to WTO members
- General rate β Applied to countries without trade agreements
- Trade remedy duties β Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties
The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.