Demographic map of the United States is tilting toward a higher age median.  The tilt is accompanied by the increased demand for medical appliances that assist many aging Americans in their daily activities.  The appliances range from canes and walkers to bath seats and commodes.  Much like other products, many medical appliances are made outside of the United State, and therefore must be imported.  Medical imports may be subject to duties and almost always assessed a Merchandise Processing Fee, which is currently at 0.3464% or $495 per Customs Entry, whichever is lower.  Naturally, importers do not wish to pay any duties or fees for their medical products.  One way of avoiding such payments would be to invoke The Nairobi Protocol provisions.  If The Nairobi Protocol applies to the importer’s product, that importer does not pay any duties or merchandise processing fees for the applicable product.  See e.g.  N044079 (2008) (“This merchandise is already duty free, but if you elect to claim the secondary classification in Chapter 98 of 9817.00.96 and meet the entry requirements, no merchandise processing fee will apply to those importations . . . . .”). Historical Background In 1950, The Agreement on Importation of Educational, scientific and…

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