Barème tarifaire Décisions Mémorandums D Mesures commerciales Exigences PGA Régimes de sanctions

Ruling C-2015-000254

active

&&This product is an esthetic electronic apparatus. The main enclosure is made of 1.35 mm thick white painted sheet metal and clear acrylic having dimensions of 95mm (H) x 300mm (D) x 255mm (W) and weighing 7kg. It also includes accessories like magenta light LED and ceramic resistor both located in the accessories head. The accessories are 140mm (L) x 85mm (W). All functions are controlled by a PC board and microcontrollers. This product combines light, micro-currents and heat to create a lifting effect. It deeply hydrates the skin, stimulates collagen production, stimulates, revitalizes and regenerates the cells, etc. 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.

Classification SH

8543.70.00.00

Raisonnement de l'ASFC

&&In order to be regarded as article of Heading 90.19, the product would need to meet the terms of the heading 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 not 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.&&&&Although the machine is for use in a professional setting, it is not of a kind used in medical, surgical, dental or veterinary sciences covered by Heading 90.18 and therefore does not meet the terms of the heading.&&&&The product is to be classified under Chapter 85 as it is powered by electricity and administers electricity as part of the treatments it offers. 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". Heading 85.43 provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter. The Explanatory Notes to heading 85.43, in part, state "Most of the appliances of this heading consist of an assembly of electrical goods or parts (valves, transformers, capacitors, chokes, resistors, etc.) operating wholly electrically." The principal function of the product is the production of electrical micro-currents to heat the skin and create a lifting effect. The product, operating wholly electrically, is not specified or included in any other heading of Chapter 85, nor covered more specifically by a heading of any other Chapter of the Nomenclature, falls under Heading 85.43.&&

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