The tariff classification of the “CryoPro Device” from the Ukraine

N202198 February 16, 2012 CLA-2-85:OT:RR:NC:N1:112 CATEGORY: Classification TARIFF NO.: 8543.70.9650 Galina Bukharina AmRus, LLC. 6836 Bee Caves Road Bldg 2, Suite 101 Austin, TX 78746 RE: The tariff classification of the “CryoPro Device” from the Ukraine Dear Ms. Bukharina: In your letter dated January 20, 2012, you requested a tariff classification ruling. The item concerned is referred to as the “CryoPro Device”. This electrical device is used to provide localized cryotherapy (cold therapy) to the external layers of the skin and the musculoskeletal system of the body. The unit consists of a main module and a handheld device head. The main module measures 17 x 29 x 11 cm. It incorporates the control functions/settings, an LCD screen, an internal microprocessor and the connection port for attaching the handheld device head. At the base of the handheld device head is a metallic tip. Once activated, the metallic tip becomes cold; it would then be placed in direct contact with the skin and moved around the area to be treated. The “CryoPro Device” uses an electrical phenomenon called the “Peltier Effect” to generate the cold. It is claimed that the cold or cryotherapy that this device delivers can be used to treat a variety of cosmetic and analgesic problems, i.e. prevention of aging symptoms, tightening of the skin, activation of blood flow, increased vascularity, decreased inflammation, etc. These units will be distributed to both private persons as well as interested professionals. The applicable subheading for the “CryoPro 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