Tabela Tarifária Decisões D-Memoranda Medidas de Defesa Comercial Requisitos PGA Regimes de Sanções

Ruling C-2015-000253

active

&&This product is an esthetic electronic apparatus. The main enclosure is made of 1.35 mm thick white painted metal and the bottom and the front panel are made of white ABS having dimensions of 77mm (H) x 210mm (D) x 280mm (W) and weighing 1.8kg and also includes accessories made of white and grey PC, with tips made of SUM24L chrome coated. The dimensions of all the accessories are 140mm (L) x 15mm (W). All functions are controlled by PC board that delivers galvanic current to cleanse the skin of impurities and infuse moisture into its layers. This apparatus is sold to estheticians, cosmetologists or beauty specialists. This equipment is a non-invasive and non-surgical apparatus marketed to the beauty and the wellness industry.

Classificação SH

8543.70.00.00

Raciocínio CBSA

&&According to the Explanatory Notes (EN) to Heading 90.19, appliances found in that heading "are mainly used to treat diseases of the joints or muscles, by mechanical reproduction of various movements". EN (I)(8) provides for "universal-type apparatus, power-operated, which by the use of interchangeable accessories, can be employed for numerous mechano-therapeutic purposes", however, the fact that there is no "mechanical reproduction of various movements" evident in the function of this product excludes the apparatus from consideration as a mechano-therapy appliance. The machine is marketed for use in a professional setting, but it is not of a kind that is used in medical, surgical, dental or veterinary sciences covered by heading 90.18.&&&&The product is classified in Chapter 85 as it is powered by electricity and administers electricity as part of the treatment. Legal Note 4 to Section XVI states that: "Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole falls to be classified in the heading appropriate to that function". The "skin care function" is not provided for in any other heading of Chapter 85, nor is this function covered more specifically by a heading of any other Chapter of the Nomenclature, therefore, the product is classified in heading 85.43.&&

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