&&According to the information submitted, the item is an epilation hair removal apparatus using currents to electrolyze body hair. It operates by applying high frequency (HF) currents to the hair follicle, via a probe. The device does not have an electric motor rather; the HF currents are generated and controlled by a PC board and microcontroller. The main enclosure is made of acrylic polyvinyl chloride and is approximately 290mm (H) x 375mm (D) x 360mm (W). It is a non-invasive and non-surgical apparatus principally used by estheticians, cosmetologists and beauty specialists.

&&In your ruling request, it was suggested that this apparatus be classified under heading 90.19 of the Customs Tariff, which provides for mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus. 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. Classification under heading 90.19 is therefore excluded.&&&&Heading 85.10 was also considered, however, the terms of the heading require that these hair-removing appliances incorporate an electric motor. As the product does not contain an electric motor, classification under heading 85.10 is excluded.&&&&Heading 85.43 provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter. The EN to heading 85.43 state, in pertinent part; "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 product, operated wholly electrically, is not specified or included in any other heading of Chapter 85, nor is it covered more specifically by a heading of any other Chapter of the Nomenclature, therefore it is classified under heading 85.43.&&