관세율표 사전심사 D-메모란다 무역 구제 PGA 요건 제재 체제

Ruling C-2015-000249

active

&&Based on the information provided, the "Derma-Pod" is a dual system microdermabrasion that combines skin resurfacing, photo-biostimulation and micro currents for a complete facial rejuvenation. The product is a non-invasive and non-surgical apparatus marketed to the beauty and wellness industry. The microdermabrasion phase projects a controlled stream of natural mineral crystals onto the skin. The lifting phase directs a pulsating light that passes through the layers of the skin stimulating repair mechanism and the production of collagen. The product infusion phase will infuse antioxidants and vitamins complexes into the skin. The main enclosure is made of white Acrylic/PVC; the hand piece is made of white and grey ABS and stainless steel internal tubing and carbide steel nozzle. The tips are made of blue, red and green polycarbonate, the colors indicating the degree of abrasiveness. The vacuum function is created by a vane pump controlled with solenoid valve using urethane tubing and quick-fitting joint.

HS 품목분류

8479.89.90.90

CBSA 근거

&&Article of heading 90.19 are described as mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus. A mechano-therapy appliance is described as used mainly to treat diseases of the joints or muscles, by mechanical reproduction of various movements. The product does neither meet the definition of a mechano-therapy appliance nor of a massage apparatus as stated in your request. Therefore, it is not considered an article that would fall under Heading 90.19.&&&&The skin resurfacing or the microdermabrasion is delivered with or without crystals using abrasive tips. It also uses a pulsated or modulated micro-current as well as photo-treatment. This dual system microdermabrasion is microprocessor controlled.&&&&Legal Note 3 to Section XVI states that: "Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.&&&&The Explanatory Notes to Chapter 84 state that;" machinery and apparatus of a kind covered by Chapter 84 remain in this Chapter even if electric…" The product includes a spraying function (84.24) and a vacuum function (84.14). These functions are complementary and function together to effectively clean the skin from impurities. Subject to Note 2 to Chapter 84 and Note 3 to Section XVI, a machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 84.79.&&&&The Derma Pod is powered electrically but is mechanically operated by utilizing the abrasion tool fitted with the pneumatic vacuum pump to physically abrade the skin with aluminum oxide crystals and collect the impurities through suction. Therefore, this device would be covered by the provisions of heading 84.79.&&

관련 사전심사

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