CLA-2-85:RR:NC:1:112 G88123
Ms. Helene Worthington
Formes et Performances
Parc Fontaudin
Avenue Descartes
33310 Artigues pres Bordeaux
France
RE: The tariff classification of medical and aesthetic devices from France
Dear Ms. Worthington:
In your letter dated March 6, 2001 you requested a tariff classification ruling.
As indicated by the submitted literature, there are four items in question, described as follows:
US Lift – combines ultrasound and micro-currents for treatment of wrinkles
and other aging conditions
N-form 2 – combines electrotherapy and ultrasounds for aesthetic treatment
Celluplus – uses vacuum technique for aesthetic and therapeutic skin treatments
TC 3000 – uses thermo-coagulation to treat skin conditions
The applicable subheading for the US Lift and the N-form 2 will be 8543.89.9695, Harmonized Tariff Schedule of the United States (HTS), which provides for other electrical machines and apparatus, …, not specified or included elsewhere in Chapter 85, HTS. The duty rate will be 2.6 percent ad valorem.
Based upon the information provided, there is sufficient evidence that the TC (Thermo-coagulation) 3000 does perform a medical function. Accordingly, the applicable subheading for the TC 3000 will be 9018.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” electro-surgical instruments. The rate of duty will be free.
The TC 3000 will likely be subject to the requirements of the Federal Food, Drug, and Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You should contact them directly at 5600 Fishers Lane, Rockville, Maryland 20857, telephone number (301) 443-1544.
Your inquiry does not provide enough information for us to give a classification ruling on the Celluplus. Your request for a classification ruling should include the following information:
What is the function of the electrically controlled vacuum pump, and what
percentage of the total cost of the Celluplus does it comprise?
Noting the reference to the “sonophorous effect”, what generates ultrasounds
in this item, and how are they generated?
How does the vacuum step roller correspond to the assisted roller massage
technique?
- Is there a separate element that produces vibrations to massage the skin? If
so, how does it work and what percentage of the total cost does it comprise?
What is “re-harmonization of the silhouette”?
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 David Curran at 212-637-7049.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division