CLA-2-90:OT:RR:NC:4:405
Mr. Gert Rechenmacher
Airpressure Bodyforming GmbH
Europastra #223; 8/T02
Villach 9500, Austria
RE: The tariff classification of a slim belly massage kit from China
Dear Mr. Rechenmacher:
In your letter dated May 21, 2013, you requested a tariff classification ruling.
According to your letter, the complete slim belly massage kit consists primarily of 2 mini pumps, 2 solenoid valves, rechargeable battery pack, an electrical control unit with microprocessor (in form of a printed circuit with soldered components), switch and charging jack, and flexible tube elements.
Further, according to your letter: “A Slim Belly Belt features two independent air chambers. The user connects the Slim Belly Belt to the Slim Belly massage device. The massage device inflates the first of the two chambers with air, up to a pressure of approximately 0.5 bar - 7.25 psi - and maintains the pressure for a certain time. After this pressure application period, there is a phase of pressure equalization between the two chambers. Subsequently, the second chamber will be inflated up to 0.5 bar and the pressure is maintained. At the same time, the remaining air from the first chamber can escape. This cycle of inflation - holding - pressure equalizing - inflation - holding - pressure equalizing is repeated until the user turns off the device… The target audience are people who practice fitness activities at home, in gyms or outdoor. The aim of the user is to reduce weight and fat on their problem-zones. No claim of medical effect or health related benefit is made or promised. The intended benefit is purely aesthetical.”
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Regarding the complete slim belly massage kit, it is essentially an intermittent compression unit, which is designed to squeeze a specific part of the body (and thus the blood vessels below the skin) and then release it from the pressure. Independent of whatever other effects this may or may not produce, it will increase temporarily the flow through the blood vessels in the affected area.
New York Ruling Letter (NYRL) N233231, dated October 4, 2012, classified an intermittent compression unit designed for use on limbs for the reduction of the likelihood of an embolism forming in 9019.10.20, Harmonized Tariff Schedule of the United States (HTSUS). NYRL 852454, dated June 4, 1990, also classified an intermittent compression unit designed for use, inter alia, on “the middle section of the body” for an unspecified purpose in 9019.10.20, HTSUS.
The applicable subheading for the complete slim belly massage kit will be 9019.10.2035, HTSUS, which provides for Massage apparatus powered by an AC adapter. The rate of duty will be Free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
Regarding your marking, country of origin and application of trade program or agreement requests and the classification of the components which you plan to import separately as replacements in the future, we are returning your request for a ruling and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:
I. You state in this ruling request that you are requesting classification, marking, country of origin and application of trade program or agreement. This ruling provides you with a classification for the slim belly massage kit. You state in the ruling request that the country of origin is China which is not subject to any trade program or agreement. Regarding a request for marking, provide a marked sample in its retail ready package so that we may determine if the item is properly marked. If you have questions and/or concerns about any or all of the aforementioned requests then, if you wish, resubmit in a binding ruling request and be clear and specific as to what you are requesting and include all documentation to substantiate your requests/claims.
II. Provide a sample or photographs of the charger.
Provide a labeled exploded view diagram of the charger which identifies all internal and external components.
What is the rating of the input and output current of the charger as measured in kVA?
Does the charger alter or change the characteristics of the input current, (ie AC to DC)?
III. Provide a sample or photograph of the mobile phone pack.
Provide the user/instruction manual for the mobile phone pack.
What exactly is the mobile phone pack? What is its function in relation to the rest of the system?
How does it accomplish that function?
IV. Provide a sample of the slim belly belt with valves.
It appears that the slim belly belt incorporates valves. What type of valves are these and how are they actuated? What is their material composition? Are they plastic, rubber, iron or steel, copper, etc.? What is the function of these valves? Are they used to inflate the belt by being attached to the massage device?
What are the components that make up the pump pack? You state that the massage device inflates the two air chambers on the slim belly belt. If this is in fact the case, what role does this pump pack play in the massage device?
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding part II or III above, contact National Import Specialist Steve Pollichino at (646) 733-3015. If you have any questions regarding part IV above, contact National Import Specialist April Cutuli at (646) 733-3009. . If you have any other questions, including regarding the ruling or part I above, contact National Import Specialist J. Sheridan at (646) 733-3012
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division