Jadwal Tarif Putusan D-Memoranda Upaya Perdagangan Persyaratan PGA Rezim Sanksi

Ruling C-2015-000271

active

&&This product is an esthetic electronic apparatus. The main enclosure is made of white ABS having dimensions of 104mm (H) x 46mm (D) x 43mm (W) and weighing 43kg standing on wheels. It also includes accessories for high frequency electric current, galvanic and steamer functions. The accessory for the high frequency electric current function is made of polycarbonate (PC) and purchased electrodes made of glass having dimensions of 180mm (L) x 7mm (W). It enhances blood circulation, increases elastin and collagen production, kills acne causing bacteria, breaks up dead skin cells and improves absorption of skin care product. The accessory for the galvanic function is made of white and grey PC with a tip made of SUM24L chrome coated having dimensions of 140mm (L) x 15mm (W). It serves to cleanse the skin impurities and infuse moisture into the deeper layers of the skin. The accessory steamer function is made of white aluminum having dimensions of 520mm (L) x 40mm (W) using a chrome coated heater element. It aims to soften and open pores of the skin. 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.

Klasifikasi HS

8543.70.00.00

Penalaran 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 therefore is to be classified under Chapter 85 as it is powered by electricity. 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." The principal function of this product is the production of a high frequency electrical current. Heading 85.43 provides for electrical machines and apparatus, having individual functions, not specified or included elsewhere in this Chapter. The product 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, the product falls under Heading 85.43.&&

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