The tariff classification of a light treatment system from Switzerland

N226755 August 6, 2012 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Mr. Igor Ignjic Zepter International USA Inc. 8400 River Road North Bergen, NJ 07047 RE: The tariff classification of a light treatment system from Switzerland Dear Mr. Ignjic: In your letter, received by this office on July 19, 2012, you requested a tariff classification ruling. The item concerned is referred to as the BIOPTRON PRO 1, model # PAG-990-USM. It is described as a light therapy device. It uses a halogen light source in conjunction with complex optics to deliver therapeutic, polarized light. This model incorporates a table top stand, and weights 7.5 lbs. As stated in the submitted literature, “the BIOPTRON Cosmetic Light Treatment System is a revolutionary skin care device for you daily beauty. It may encourage positive changes in one’s complexion. After the use of BIOPTRON Light the skin exudes a glowing radiance, feels smoother and looks healthier. BIOPTRON Cosmetic Light Treatment can help you to fight off the signs of premature aging, environmental hazards and the stress of daily life.” The company’s web page states, “The BIOPTRON Pro 1 Light Therapy device is designed for use at home, in hospitals and therapeutic centers. The device is available either with a functional floor stand and/or an ergonomic table stand allowing flexible use in domestic and professional environment. Easily adjustable height and head inclination as well as the ability to rotate the device head up to 360° allow a convenient usage for nearly any position. Treatments can easily be timed by a control panel down to 30 seconds. An integrated distance rod ensures the recommended distance to the skin surface area…” The applicable subheading for the BIOPTRON PRO 1, model # PAG-990-USM will be 8543.70.9650, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Electrical machines and apparatus, having individual functions, not specified or included elsewhere…: 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