ٹیرف شیڈول فیصلے D-Memoranda تجارتی تدارک PGA تقاضے پابندی نظام

Ruling C-2015-000258

active

&&This product is an esthetic electronic apparatus. The main enclosure is made of white ABS having dimensions of 230mm (H) x 535mm (D) x 365mm (W) and weighing 6.5kg. The light panel has 2 different LED colors: blue and red. It reduces the appearance of pores, lines, wrinkles and acne. 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.

HS تصنیف

8543.70.00.00

CBSA استدلال

&&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 this product is the production of electrical currents. The product, operated 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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