AOPA is committed to keeping you informed and equipped with the most current resources available, as the Trump administration moves forward with its tariff implementation policy, including significant worldwide tariffs effective August 1, 2025. Through the resources and guidance, we want to help our members understand:
- How these tariffs may impact patient care facilities, manufacturers, and suppliers.
- What they could mean for the O&P profession.
- What pathways may be available to address their effects.
The O&P Alliance, which AOPA is a proud partner in, has developed several documents intended to provide guidance, these include:
- A detailed summary of how tariffs may affect O&P.
- An executive summary document for quick reference.
- A high-level flowchart outlining possible exemptions that may apply to O&P devices and components.
These resources focus on the Nairobi Protocol, a long-standing regulatory duty-free exemption for certain medical devices that has been in place for decades. While the Nairobi Protocol offers a definitive path for duty free treatment of medical devices, including orthoses and prostheses, it is not, nor has ever been, a blanket exemption that applies in all situations. Tariff regulations are extremely complex, and any potential exemptions are considered on a case-by-case basis. This means that the default condition includes applicable tariffs on the import of orthoses, prostheses, or O&P components and raw materials. Interested parties must claim duty free status upon importation of any products or materials at the point of entry into the U.S. This process will primarily fall upon manufacturers and distributors of complete O&P devices, components, and materials using designated Customs & Border Protection (CBP) forms (ITA-362P).
While the Nairobi Protocol provides a clear pathway for consideration of tariff exemption for O&P devices, components, and materials, it is not all-inclusive and will be subject to interpretation as tariff implementation continues. As with any uncertainty, the impact of tariffs will not be limited to the current environment. Speculation may drive both temporary and permanent price increases as manufacturers and suppliers of medical devices, including O&P devices, navigate the tariff process.
As it evolves, AOPA will continue to monitor tariff implementation and will communicate updates and guidance as they become available. If you have any questions please contact Joe McTernan at jmcternan@AOPAnet.org or Devon Bernard at dbernard@AOPAnet.org.
LEGAL DISCLAIMER: The information provided above and in the attached resources is for general informational purposes only and is intended as guidance, not as legal advice. It should not be relied upon as a substitute for professional legal counsel. For advice regarding your specific situation, please consult your own attorney or legal advisor.