جدول التعريفة القرارات المذكرات D تدابير التجارة التصحيحية متطلبات PGA أنظمة العقوبات

Ruling C-2015-000270

active

&&According to the documentation provided, the product is an electronic apparatus, pre-programmed with different settings, that combines three technologies (light, micro-currents of electricity and ultrasound) resulting in healthier and younger looking skin. The three technologies included in the treatment show LED lights in visible spectrum (specific frequencies for specific desired results) to repair and improve the condition of the skin by stimulating collagen production, stimulating lymphatic circulation, improving the appearance of blemishes and reducing pigmentation. Impulse micro-currents of electricity are used to lift and tighten the facial contour and ultrasound is used to increase cell performance and facilitate absorption of semisolid topical compounds by transdermal delivery (sonophoresis). The product is presented as a grey/white module installed on a rolling stand approximately 118cm (H) x 77cm (D) x 78cm (W) and has a set of three accessories approximately 140mm (L) x 85mm (W) that are used to convey the light, micro-current or ultrasound needed directly on the skin of the patient by the operator. It also has an articulate panel 1525cm x 1525cm mounted with 2500 LED lights to administer the luminotherapy to a large surface of skin tissue. The apparatus is presented as being designed to treat the ageing condition of the skin and is marketed for the beauty and wellness industry.

تصنيف HS

8543.70.00.00

تسبيب CBSA

&&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 provided for in Chapter 85 as it is powered by electricity and administers electric current 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 micro-currents. 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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