The tariff classification of the Zeno™ appliance from Malaysia

NY M85534 August 22, 2006 CLA-2-85:RR:NC:N1:113 M85534 CATEGORY: Classification TARIFF NO.: 8516.79.0000 Mr. Pete Mento Expeditors Tradewin, LLC 1015 Third Avenue, 12th floor Seattle, WA 98104 RE: The tariff classification of the Zeno™ appliance from Malaysia Dear Mr. Mento: In your letter dated July 27 2006, on behalf of Tyrell, Inc., you requested a tariff classification ruling. The sample you submitted is a handheld, battery-operated, electrothermic, acne treatment device called Zeno™. It uses controlled temperature and timed heat to destroy bacteria by placing the heated tip of the device directly on a pimple. A rechargeable lithium battery pack and an adaptor are included. Zeno™ is purchased only from physicians and medi-salons, and is designed for use at home on mild to moderate inflammatory acne. Replacement treatment tips are available. In your letter, you propose classification under 9018.90.7560, HTSUS, which provides for instruments and appliances used in medical, surgical, dental or veterinary sciences…other electro-medical apparatus…other therapeutic appliances and instruments, other. However, merchandise classified in heading 9018 must be used in the medical sciences in professional practice as stated in the Heading and Harmonized System Explanatory Notes. It is clear from the product manual that Zeno™ is intended for home use by individuals, rather than in medical environments by professionals. That the product is registered with the FDA for the protection of the public does not thereby require classification in HTSUS 9018 (Headquarters Ruling 085064 SR dated August 24, 1990). The applicable subheading for the Zeno™ appliance will be 8516.79.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other electrothermic appliances of a kind used for domestic purposes, other. The rate of duty will be 2.7 percent ad valorem. 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 James Smyth at 646-733-3018. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division