&&According to the information submitted, the item is a skin care apparatus using a mild current to induce coagulation within distended capillaries. The generation of heat in the capillary vessels results in the disappearance of esthetical imperfections (telangiectasia, blotchiness, ruby point, skin tags, and cholesterol deposits and hyperpigmentation). It is a non-invasive and non-surgical apparatus principally used by estheticians, cosmetologists and beauty specialists. The current is generated and controlled by a PC board and microcontroller. The main enclosure is made of ABS plastic and is approximately 224mm (H) x 320mm (D) x 318mm (W).

&&In the request for a ruling, 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 90.18 was also considered; however, 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 this heading.&&&&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, states, in 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 covered more specifically by a heading of any other Chapter of the Nomenclature, falls under heading 85.43.&&