CLA-2-85:OT:RR:NC:N1:112

Emily Chauvin
Analyst-Global Trade
MC 58A-1B
Access Business Group International LLC
7575 Fulton street East
Ada, MI 49355

RE: The tariff classification of a cavitation device from China

Dear Ms. Chauvin:

In your letter dated December 22, 2011, you requested a tariff classification ruling on behalf of your client, Access Business Group International LLC.

The merchandise concerned is an electronic article that is referred to as a cavitation device. This handheld, household device is marketed as a means of reducing body fat and removing cellulite through the application of ultrasound emissions. The cavitation device measures 34cm x 38cm x 13cm and weighs 7 kg. It has an output power range between 5 to 25 watts. It provides 4 programs, P1 to P4, which allows for 4 levels of pulse emission.

The cavitation device uses low frequency ultrasound emissions (40 kHz), which are conducted through the skin, to break up fatty tissue. It is claimed that the fatty tissue will be transformed into a liquid substance that will eventually pass out of the body. This item is applied to the skin for 15 minutes on one area of the body and up to 30 minutes in one session. The applicable subheading for the cavitation device will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Electrical machines and apparatus…: Other machines and apparatus: Other: Other: Other: Other.” The rate of duty will be 2.6%.

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/.

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 the ruling, contact National Import Specialist Steven Pollichino at (646) 733-3008.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division