The tariff classification of a facial treatment device from China

N294596 March 14, 2018 CLA-2-90:OT:RR:NC:N1:135 CATEGORY: Classification TARIFF NO.: 9019.10.2020 Ms. Judy Sucharitakul Perryman, Mojonier Company 9710 S. La Cienega Blvd. Inglewood, CA 90301 RE: The tariff classification of a facial treatment device from China Dear Ms. Sucharitakul: In your letter dated February 16, 2018, on behalf of FOREO Inc., you requested a tariff classification ruling. A sample was received, examined, and disposed of. FOREO UFO is a battery-powered, handheld facial treatment device with multiple functions. The device is a round-shaped, palm-size product measuring 72.5 millimeter in diameter and 31.4 millimeter in thickness and is accompanied by a USB charger, quick start guide, and user instructions in a bag. It has a smooth metal surface fitted with a plastic ring at the bottom and a decorative branded metal top. The entire product is surrounded by silicone with a switch button and a connector for a USB charger on two sides. In use, the ring is first removed and a mask (not part of this ruling request) is put on the smooth metal surface, which is secured by the ring; users then press the button once or twice to select one of two treatment options. Pressing the button once is for “Make My Day” treatment. Pressing twice is for “Call It a Night” treatment. The users glide the UFO across all areas of their face, massaging the formula of the mask onto their skin. The entire treatment takes 90 seconds. According to the FOREO website, the UFO performs RGB (Red, Green, and Blue) LED light therapy, cryotherapy, thermotherapy, and T-sonic pulsations. The T-Sonic Pulsations function is claimed to be a “[t]echnology that heightens absorption of active ingredients while delivering a relaxing facial massage.” Since the principal function of the product cannot be determined, it will be classifified according to General Interpretative Rule 3 (c). The applicable subheading for the FOREO UFO will be 9019.10.2020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Mechano-therapy appliances and massage apparatus … Massage apparatus: Electrically operated: Battery powered: Handheld.” The general 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 https://hts.usitc.gov/current. 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 Fei Chen at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division