CHEN, FEI Good afternoon and good morning, everyone.
My name is Fei Chen.
I would like to welcome you to today’s webinar.
I am the National Import Specialist responsible for instruments, appliances,
and furniture for medical, surgical, dental or veterinary uses
and for related purposes.
I also handle some chemical preparations.
When I originally planned the webinar, I had wanted to do an overview of heading
CHEN, FEI 9019.
After completing the PowerPoint slides, I realized that the entire content
would exceed an hour, so I decided to split the presentation
of heading 9019 into two sessions.
CHEN, FEI Today we will be talking about a portion of heading 9019,
which includes mechano-therapy appliances and massage apparatus.
We will also go over the related explanatory notes to the heading
and review some examples.
This webinar will last approximately one hour.
If you have any questions during the webinar, please save your questions
until the end of the presentation.
I will do my best to answer them.
If I do not answer your questions related to this presentation,
please feel free to email me.
My contact information will be provided at the end.
CHEN, FEI Heading 9019 is divided into five groups indicated
by the placement of semicolons.
The first group is mechano-therapy appliances.
The second group is massage apparatus.
The third one is psychological aptitude-testing apparatus.
The fourth group includes ozone therapy, oxygen therapy, aerosol therapy,
artificial respiration or other therapeutic respiration apparatus.
CHEN, FEI Today we will focus on the first and second groups.
We will touch on some parts and accessories in the fifth group.
CHEN, FEI These five groups of merchandise are organized
into two subheadings at the six-digit subheading level.
Subheading 9019.10 covers the first three groups of merchandise
and parts and accessories thereof.
Subheading 9019.20 covers the fourth group and parts and accessories thereof.
CHEN, FEI Now, we look at subheading 9019.10.
At the eight-digit level, subheading 9019.10.20 provides
for the mechano-therapy appliances, massage apparatus.
and parts and accessories thereof.
CHEN, FEI At the ten-digit level, 9019.10.2010 provides
for mechano-therapy appliances.
CHEN, FEI 9019.10.2020 through 2050 covers massage apparatus.
CHEN, FEI 9019.10.2090 includes parts and accessories
of mechano-therapy appliances and massage apparatus.
CHEN, FEI The subheading text “other” includes 9019.10.40 –
9019.10.60, which cover psychological aptitude-testing apparatus and parts
and accessories thereof.
We will not cover these two subheadings in today’s presentation.
CHEN, FEI The Explanatory Notes (ENs) (I)
to Heading 9019 provide a commentary on the scope of Mechano-therapy appliances.
Although not legally binding or dispositive in the United States,
the Explanatory Notes generally indicate the proper interpretation
of a tariff provision.
CHEN, FEI Mechano-therapy appliances are mainly used to treat diseases
of the joints or muscles, by mechanical reproduction
of various physical movements, such as flexion, extension, abduction,
adduction, rotation, and circumduction.
CHEN, FEI Such treatment is usually carried out under medical supervision.
For the purposes of this heading, however, apparatus may be regarded
as mechanical even if it incorporates only comparatively
simple mechanical devices such as springs, wheels, pulleys, etc.
CHEN, FEI The apparatus of this heading should be distinguished
from the ordinary physical culture or medical exercising equipment designed
for use in their home or in special equipment premises.
For example, elastic cable extenders or exercisers;
spring grips of various kinds; rowing machines
for reproducing rowing movements stationary one wheeled
CHEN, FEI cycles for training purposes or for developing let muscles.
Those are classified in heading 9506.
CHEN, FEI Since mechano therapy refers only
to treatment involving movement
of the joint, for example, neck joint, shoulder joint, elbow joints,
wrist joints, etcetera, this heading excludes wholly stationary apparatus.
CHEN, FEI For example, steps, ladders, parallel bars, even if they are
for use in rehabilitations of the limbs, such articles are classified
in their respective headings.
CHEN, FEI Subject to the conditions on the previous slides,
mechano-therapy appliances of this heading include the following examples.
They include from relatively simple mechanical therapeutic appliances,
such as hand-operated single function appliances,
to more complex power-operated apparatus
for numerous mechano-therapeutic purposes.
I will not read this slide, but we will.
CHEN, FEI See some samples on the next slides.
CHEN, FEI The following are some examples of mechano-therapy appliances.
CHEN, FEI The shoulder wheel is fitted
with calibrated sensitive resistance mechanism
and the resistance is controllable from Zero to Maximum.
A 360 degree scale is provided on the drum to measure & record the degree
of revolution from either direction for immediate feed-back to the patient.
CHEN, FEI The Wrist circumductor is fitted on a laminated board
with resistance mechanism.
It has a small adjustable handle fitted to the wheel.
A knob is provided on the drum to control resistance from zero to maximum.
The device is used for wrist circumduction exercises.
CHEN, FEI The rotary wrist machine is a single-grip precision
machined metal drum with calibrated sensitive resistance control mechanism.
CHEN, FEI Resistance can be increased or decreased
for Supination & Pronation exercises.
The range of motion can also be measured and recorded
from the scale provided on the drum.
CHEN, FEI The above devices are for hospital, clinical,
and in home care for out-patient treatment use.
They are classified in 9019.10.2010, HTSUS.
CHEN, FEI Continuous passive motion machines
are passive motion exercisers used in hospitals as well as in home care
for out-patient treatment.
They move joints passively through their range of motion.
The passive motion accelerates patient recovery and reduces atrophy
because good circulation is maintained.
CPM’ machines are used on legs, ankles, hips.
CHEN, FEI arms, shoulders and hands.
CHEN, FEI The first CPM machine flexes the hip and knee joints.
CHEN, FEI The shoulder CPM machine moves the shoulder joint
through a range of motion including adduction, abduction, elevation,
internal or external rotation.
CHEN, FEI The elbow CPM machine provides passive motion
for the elbow joint in flexion, extension, pronation and supination.
CHEN, FEI The ankle CPM machine addresses full ankle range
of motion capabilities including dorsiflexion,
plantar flexion, inversion, and eversion.
CHEN, FEI So they classified in subheading 9019.10.2010.
CHEN, FEI This arm and hand rehabilitation system,
it is a rehabilitative exercise device intended for patients
who have lost function.
CHEN, FEI Or have restricted function in the upper extremities caused
by central nervous or peripheral neurogenic, spinal, muscular
or bone related disorders.
CHEN, FEI The device is specifically designed for patients
with severe movement impairment who have no voluntary activation
of their arm muscles yet.
CHEN, FEI The device has six active degrees of freedom
and provides a range of motion for the shoulder, elbow, wrist, and forearm.
CHEN, FEI It enables patients to perform exercises with high number
of repetitions, which is paramount for relearning motor function.
CHEN, FEI So it is classified in subheading 9019.10.2010.
CHEN, FEI The functional electrical stimulation cycle.
CHEN, FEI Ergometer combines a Windows based tablet, cycle ergometer,
and stimulators in a single unit.
It allows a person with impaired upper or lower extremity movement
to undertake circle ergometry both actively and passively.
CHEN, FEI Functional electrical stimulation creates patterns,
movements of arms or legs.
CHEN, FEI enabling your muscles to work and perform active cycling,
even though you may have lost voluntary control of those muscles.
So ,this device provides several benefits for the user,
such as reducing muscle atrophy.
The system is for prescription use only intended for clinic or home use,
so it is classified in subheading 9019.10.2010.
CHEN, FEI The bicycle ergometer is composed of a flywheel attached
to the front two pedals, a saddle, etcetera.
CHEN, FEI The resistance and the different load levels are set by means
of a rotary knob on the device.
The bicycle ergometer is used for general physical exercise,
so it's not classified in heading 9019.
CHEN, FEI Now we’re looking at massage apparatus in heading 9019.
Massage apparatus is classified in 9019.10.2020
through 9019.10.2050 depending on whether they are electrically operated,
battery powered, etcetera.
For example, non-electrically or manually operated massage apparatus
is classified in subheading 9019.10.2050.
CHEN, FEI The EN to heading 9019 describe massage apparatus as follows.
Apparatus for massage of parts of the body usually operate by friction,
vibration, etc.
They may be hand or power operated, or may be of an electro mechanical type
with a motor built into the working unit .
The latter type in particular may include interchangeable attachments
to allow various methods of application.
We will cover a massage gun as an example of this type
of massage apparatus later on.
CHEN, FEI This group includes simple rubber rollers
or similar massaging devices.
They also cover hydro massage appliances for all over, or partial massage
of the body using the action of water or blend of water and air under pressure.
Example of this appliances include hot tubs or spots presented complete
with pumps turbines.
CHEN, FEI or blowers, ducts, controls and all fittings.
devices from massaging the breast, using the actions of water distributed
by a series of small nozzles mounted inside a form, fitted over the breast,
and make to revolve by a string of water introduced through a flexible tube.
CHEN, FEI This heading also covered mattresses designed to prevent
or treat bedsores by constantly varying the places at which the weights
of the patient’s body rests, and also provides a superficial massage effect
on the tissues liable to necrosis.
There are two cross rulings related to these types of mattresses.
CHEN, FEI NY A89818 and I80654.
CHEN, FEI There are about 200 rulings in cross related
to massage apparatus to which you can refer, but we will just look
at some examples here.
CHEN, FEI This slides shows non-electric massagers
that are classified is subheading 9019.10.2050.
CHEN, FEI Wooden massager is designed to be held in the hand
to massage various body parts.
It eases tense muscles and helps you relax.
CHEN, FEI Wooden Body Massager Wheel is a handheld massager
featuring 4 rubber raised rollers.
It massages shoulders, neck, back, waist, legs, feet or arms.
It stimulates deep tissue muscles.
CHEN, FEI Wooden dual Foot Massager Roller.
The users roll their feet back and forth on the massager.
It massages the feet and relieves conditions such as plantar fasciitis,
heel and arch pain.
CHEN, FEI Wooden Massage Roller Rope.
It rolls on the pressure points of the user’s back, shoulders, etc.
to relieve back pain and relax the body.
CHEN, FEI Wooden Massage roller roll on the muscles
and can relax various parts of muscles, such as waist,
arms, legs, feet, shoulders,
CHEN, FEI Neck, etcetera.
CHEN, FEI So they’re classifyied in subheading.
CHEN, FEI 9019.10.2050.
CHEN, FEI Here are some more examples of manual massagers
that are classified in the subheading 9019.10.2050.
CHEN, FEI Cane Massager has 6 treatment balls for total body massage.
CHEN, FEI Spiky hard massage balls.
CHEN, FEI The user can roll the ball between the hands under their feet
or over any sore muscle area and provides deep tissue massage.
CHEN, FEI Deep tissue pressure point massager.
It can help alleviate trigger points and muscle knots to assist
in stress relief and help alleviate soreness.
CHEN, FEI Deep tissue massage roller,
it features triple grid 3D massage zones that mimic a person’s thumbs,
fingers and palms.
It has bumps, and ridges that stimulate a hands-on massage.
CHEN, FEI So those CHEN, FEI devices are classified in 9019.10.2050.
CHEN, FEI This Acupressure Massage Mat consists
of a rectangular textile encasement and a foam insert.
CHEN, FEI The topmost surface of the encasement is equipped
with numerous small plastic discs.
Each disc is capped with many sharp protrusions,
also called stimulation points.
CHEN, FEI This image showed a complete acupressure massage mat.
The sharp protrusions are designed to apply pressure to the feet, hips,
back and other body parts of the user by standing or lying atop
of the mat.
CHEN, FEI The acupressure massage mat is said to function
as an implement for the inductions of relaxation and the relief
of tensions and pain.
Is there acupressure massage mat classified in heading 9019
as massage apparatus?
CHEN, FEI Please take a moment to think about it and select your choice.
CHEN, FEI From the pop up poll on the screen.
After you submit your choice, you will need to click done button.
CHEN, FEI So in the popup box with disappear.
CHEN, FEI I will give you a few more seconds.
CHEN, FEI OK, I think most people select, yes.
CHEN, FEI Let's find out.
CHEN, FEI Various dictionaries define “massage” as the “manipulation”
of muscles, joints and tissue by, inter alia, “rubbing, kneading,
or tapping” for relaxation or therapeutic purposes.
All of the items identified in the explanatory notes as examples
of massage apparatus.
CHEN, FEI require either actuation of moving or projecting components
or manual movement of the entire item itself to bring
about the desired relaxation or therapeutic effect.
CHEN, FEI Based on the common thread of dictionary definitions
and the explanatory notes To heading 9019,
massage involves active movement whether manual or mechanical
to induce relaxation and or pain relief.
CHEN, FEI So the mat does not contain any moving components
and does not require movement by the user to effect relaxation
or tension pain relief.
Passive standing or reclining is not a permissible means
of delivering a massage for purposes of.
CHEN, FEI heading 9019 CHEN, FEI So the answer should be no.
The acupressure massage mat cannot be classified.
CHEN, FEI under the heading 9019 as massage apparatus,
see headquarter ruling H266056 for detail explanation.
CHEN, FEI Here we have a pair of massaging slippers.
The closed toe opened heel Slippers are equipped
with a battery powered vibration massager.
CHEN, FEI They also come with gel packs, which are designed to be heated
in the microwave and placed into the pouches in each slipper.
CHEN, FEI The vibration massage unit is embedded in the heel session
of the midsole.
The unit is turned on and off with the push button switch located
on the side of the slipper.
When turn on, the unit causes the midsole to vibrate,
giving the user a foot massage.
CHEN, FEI So is the massaging slippers, classified under head in 9019
or under heading 6403 as footwear?
CHEN, FEI Each Slipper consists of three individual components,
a slipper, a messaging mechanism, and a gel pack.
So the scope of heading, 9019 is not broad enough to cover the gel pack.
CHEN, FEI And the complete good cannot be classified by GRI 1.
Headquarters determine that the messaging unit, the slipper
and the gel pack constitute a composite good.
CHEN, FEI The primary purpose of the instant merchandise is
to provide the user with a heated massage.
The massage mechanism plays a significant role
in accomplishing this purpose.
CHEN, FEI So on the slipper functions as the component
which holds the massaging component in place, allowing the massage
to be applied to the foot.
CHEN, FEI Although the gel pack provides an important feature,
the heat that may enhance the users experience.
CHEN, FEI The massage unit remains the component responsible
for producing the articles main function,
so we find the massage mechanism imparts the essential character
to the composite articles and the article is classified
in accordance with the massage in mechanism.
See HQ 967179 and other rulings on the screen.
CHEN, FEI The vacuum cupping therapy set consists
of suction cups a hand pump and an extension tube in a carrying case.
Each cup is placed on the skin and attached to the pump.
air from the cup is withdrawn to create negative pressure
and the cup sucks on the skin.
The purpose of the set is to provide relief from sore and aching muscles.
they say is not classified as message apparatus.
CHEN, FEI since it does not meet the definition
of massage apparatus see new york ruling 813195.
CHEN, FEI Back scratchers are tools for relieving an itch in an area
that cannot easily be reached just by one’s own hands.
So back scratchers are not massage apparatus.
CHEN, FEI Of heading 9019, we classified based
on the constituent materials.
CHEN, FEI Can this bamboo back scratchers be a massager?
CHEN, FEI This tool features a back scratchers on one end
and a massage rollers on the other end to loosen up tight muscles.
CHEN, FEI The essential character of the item cannot be determined,
so it's necessary to apply general interpretation Rule 3C in this case.
CHEN, FEI heading 9019 for massage apparatus appears later
in the harmonized tariff schedule.
Then the headings for the back scratchers.
CHEN, FEI Electrically operates massage apparatus are classified
in subheadings from 9019.10.2020 to 2045, based on the types
of electrical sources, whether they are handheld, etcetera.
CHEN, FEI The kneading massage pillow
with heat contains four rotating massage nodes and four rocking nodes powered
by an AC adapter.
The eight massage nodes offer a stimulating varied massage
that incorporates both rotational massage and up
and down rocking massage motion.
It’s designed to treat muscle pains.
The heat feature offers an extra level of soothing to the massage treatment.
CHEN, FEI So it is classified in subheading 9019.10.2035.
CHEN, FEI This foot massage machine includes heat.
CHEN, FEI deep-kneading, compression, rolling, vibrating, a built-in timer,
and 5 pressure settings.
It provides a rolling and shiatsu massage to the bottom and sides
of the foot while air pressure applies pressure to all parts of the foot.
The heat will relax tense muscles to target specific pressure points.
CHEN, FEI It will be classified in subheading 9019.10.2035 if powered
by an AC adapter.
CHEN, FEI This massage Gun is a battery powered
handheld deep tissue massager.
It has 10 replaceable massage heads that help users relax all parts of the body.
It is classified in subheading 9019.10.2020.
CHEN, FEI Air Compression Leg Massager
– it contains 6 inflating airbags
and is designed to simulate hands compressing and squeezing.
It has 6 different massage modes with different massage techniques.
The leg massager features a heat function to provide warmth
for your calves and feet.
It is powered by an AC adapter.
It is classified in subheading 9019.10.2035.
CHEN, FEI Hand massager with heat: It targets different acupuncture points
and offers a kneading massage with 4 massage heads.
Upper and lower airbags press rhythmically along the fingers,
hands and wrists.
It has a heating function that warms the palm.
It is battery powered but not a handheld device.
So It’s classified in 9019.10.2030 CHEN, FEI Here are some more examples.
CHEN, FEI Foot spa massager with heat, bubble, 22 massage rollers,
red light, vibration, pumice stone and medicine box.
It is classified as electrically operated massage apparatus.
See HQ 963727 and two other rulings on the screen.
CHEN, FEI This wireless electric eye massager has air pressure vibration heat
and music functions combined at different modes.
CHEN, FEI Is powered by battery but it's not handheld.
It classified in subheading 9019.10.2030.
CHEN, FEI Full body massage mat with heat this massage Mat
has 10 vibrating motors.
CHEN, FEI Two heating pads with five program modes
and three vibration intensity levels.
It provides gentle massage to the users tissue and muscles on the back,
shoulders and leg.
They operates by a corded remote control and can be used on the bed,
sofa, couch, recliner or chair.
CHEN, FEI It will be classified as electrical operated massage apparatus
in 9019.10.20.
CHEN, FEI This hot tub features 54 adjustable powerful jets,
3 pumps and air blower to provide a hydro massager is classified
in subheading 9019.10.2045.
CHEN, FEI This salt system cartridge is a replacement cartridge
for the original cartridge that is sold pre installed with the spa.
CHEN, FEI It’s made of plastic with titanium electrodes and is designed
for use with a salt system which is used in a spa in order to generate
and dispense chlorine into water.
CHEN, FEI The cartridge enables the system to convert salt into chlorine
so it's the cartridge classified as a part of spa or a part
of the source system?
CHEN, FEI The Salt System generates chlorine that filters and purifies water
in a spa.
CHEN, FEI The Cartridge is designed for use with the Salt System.
It is consequently part of that system.
CHEN, FEI Several courts had held that “Where a particular part
of an article is provided for specifially, a part
of that particular part is more specifically provided for
as part of the part than as part of the whole.
CHEN, FEI In this instance,
the cartridge is more specifically classified
as a part of the Salt System rather than a part of a spa So,
It is not classified in heading 9019
CHEN, FEI See NY Ruling N303292.
CHEN, FEI This facial toning device, also called
electronic impulse facial muscle stimulator,
is the battery operated handheld device.
CHEN, FEI It emits electrical impulses for cosmetic use.
It has a plastic base consisting of control panel and two.
CHEN, FEI Electric probes the control panel contains a timer
and intensity controls.
CHEN, FEI Here is the electrical probes.
CHEN, FEI The user takes on the probes to apply microcurrent
or also called the electrical impulses tone of facial scheme.
The electrical impulses are supposed to contract the facial muscles
to tone the skin in order to combat the aging process.
CHEN, FEI Is the electrical impulse facial muscle stimulator classified
in head 9019 as massage apparatus?
CHEN, FEI Please select your choice from the Pop up poll on screen.
CHEN, FEI Muted.
CHEN, FEI The facial toning device emits electrical impulses
to contract the muscle of the face.
It does not operate by performing manual or mechanical manipulation of muscles.
Tissues joints or the like as an article that vibrates does.
The device does not move in any way.
It's simply transmitting microcurrents through the probes.
As such, the device does not perform.
CHEN, FEI Massage.
But rather electrically stimulates facial muscles.
CHEN, FEI By the electrical impulses.
CHEN, FEI So it cannot be classified in heading 9019 as massage apparatus.
So the correct answer is no, you are right.
See HQ 966563.
CHEN, FEI Let's see another similar product using electrical current
for muscle stimulation.
It's not considered massage apparatus.
This electrical unit is a battery powered electrical muscle
stimulation apparatus that generate a low voltage electrical current
which passes through the skin by the electrodes to the nerve
of the abdominal muscles, causing them to contract.
So it is designed for use by a healthy person.
CHEN, FEI For the purposes of improving tone, strength and firmness
of focused muscle group, so it's classified in.
CHEN, FEI heading 8543.
CHEN, FEI As other electrical apparatus
for electrical nerve stimulation, See HQ ruling HQ 112635.
CHEN, FEI Here is a whole body vibration platform said
to provide health benefits and exercise to the consumer
through vibration produced by the device.
It contains 3 motors producing, rocking, pulsating and oscillating motions.
The vibration exercise machine has seven training modes,
three workout intensity and 60 speed levels.
It utilize adjustable vibration strength.
CHEN, FEI and speed to enhance the exercise experience
and achieve fitness results.
It comes with the exercise mat, a remote control, 4 mini bands,
and 2 resistance bands.
CHEN, FEI The machine is design, market is advertised
and sold as a physical fitness machine, exercises may be performed
in various positions while standing upon sitting on or leaning
against the vibration plate.
It uses no vibration technology to speed up the time needs
to do a full body muscle, targeted workouts.
So it's not analogous to vibratory massaging appliances, that applied
CHEN, FEI directly to the intended body parts
to bring about the desired relaxation or therapeutic effects.
So its not classified in heading 9019 as massage apparatus.
CHEN, FEI The facial esthetic device is used in the program of beauty care.
CHEN, FEI The device consists of.
CHEN, FEI A Tesla function, a patting function and cleansing function,
a vaporizer, a cool warm plate, and other components.
It is prima facie classifiable under different headings.
The cleansing functions cleans the epidermal layers of the skin
by functioning like a vacuum.
So it's classified under the heading 8509.
CHEN, FEI The vaporizer produced steam
and the cool warm plate utilize temperature variance
to induce expansions and contractions of the muscle below the skin.
Both classified.
In 8516.
The Tesla function maximize the electron discharge to reduce the accumulations
of potentially damaging compounds.
It’s to classifiable under the heading 8543.
The patting
CHEN, FEI device conditions, muscles and improving circulation
by means of electronic massage.
So it's classifiable under 9019.
CHEN, FEI The purpose of the facial esthetic device is
to perform various methods of beauty care to the users face.
They essential character cannot be determined, so it's classified
in heading 9019, per GRI 3(C).
The heading occurs last in numerical order see HQ 954181.
CHEN, FEI The Massage Chair pad Consist of an adjustable neck massager
with a heat functioned a back massager with a heat function
and a vibration massager for hips and thighs.
CHEN, FEI The neck massage node provide deep tissue massage
to the neck and shoulder to relieve tire and muscle tightness.
The back massager provides shiatsu massage.
CHEN, FEI Spot massage and rolling massage.
CHEN, FEI This massage pad is not be used as seating by itself.
It is used on the sofa, Couch Recliner, office chair, or dining chair.
The integrated strapping system secures it on chairs, so it's classifieds
in subheading 9019.10.20.
CHEN, FEI In 2015, Harmonized System committees
out of World Customs Organization classified,
a massage chair in heading 9019.
The massage chair resembling a chair consists of a frame upholstered
with leather on the inner side and with padded seat, back and have head rest.
It is fitted with the built in massage components comprise
of inflatable bladders with
CHEN, FEI mechanism delivering vibration of friction
at a number of points.
A system of rollers with air cells extendable foot rest.
CHEN, FEI The chair also has the L shaped guide railed forward
sliding designs waist heating speakers and other components.
CHEN, FEI So this zero gravity chair is used
to massage the body from neck to feet by kneading tapping vibration,
shiatsu technique or pressure.
CHEN, FEI So the massaging mechanism.
CHEN, FEI Can be adjusted.
CHEN, FEI Using a remote control, then massage time, area speeds
and the air cell intensity are all adjustable.
CHEN, FEI So, that essential character of.
CHEN, FEI Massage chair derived from the build in massage components.
CHEN, FEI So HSC, harmonized system committee classified.
CHEN, FEI This chair in heading 9019 as massage apparatus but GRI 3B.
CHEN, FEI This full body massage chair is substantially identical
to one rule on by the harmonized committees.
I know you may be tired of listening to me by now,
so I will let you read this slide on your own.
CHEN, FEI Consistent with the Harmonized Committee.
CHEN, FEI We classified it in subheading 9019.10.2045
see new York ruling N300227 for details.
CHEN, FEI The power chair is an adjustable metal frame upholstered seat.
CHEN, FEI The seat is set comprised of built
in electromechanical components that allow for the lifting extension
and return of the seat to the metal frame base.
The seat also has built in electrical electromechanical components.
CHEN, FEI That independently perform optional massage or heating functions.
CHEN, FEI Each armrest contains a cup holder in the seat.
Also includes storage pockets.
CHEN, FEI The reclined incline lift, massage and heat function.
CHEN, FEI Of the seat are operated by remote control according
to users preference.
CHEN, FEI Is the power chair classified in heading 9019
as massage apparatus?
CHEN, FEI Please take a moment to think about it and select your choice
from the pop up poll on your screen.
CHEN, FEI OK.
I will give you 10 more minutes.
CHEN, FEI OK, we have.
CHEN, FEI 51% of you say yes and.
CHEN, FEI 39% say no.
CHEN, FEI Headquarters ruled that the massage chair
in the instant case is designed to be a seat for a person who is elderly.
This features include a lift function, incline and recline, a heating function,
a place for a cup, storage pockets, as well as the massage function.
All of these features indicates that the article is properly classifieds
as a chair in heading 9401.
CHEN, FEI Further the Chair does not encapsulate the user.
CHEN, FEI It is not principally designed to be primarily used
as a massage device.
CHEN, FEI So on the essential character of the article is defined
by its users as seating.
CHEN, FEI So pursuant to GRI 3b, the article is classified
in heading 9401 HQ ruling H313575.
CHEN, FEI Here are 2 Cases pending before headquarters the first one is
for a massage chair.
CHEN, FEI The three pictures depict the massage chair
with an adjustable recliner swivel base, a retractable leg rest.
The picture shows the same massage chair adjusted in three different modes.
CHEN, FEI So massage chair has five auto massage programs,
patented, warm air technology, customizable massage options
with a remote control, and retractable leg rest with foot and calf massage.
The issue here is classified as seat in heading 9401 or massage apparatus
in heading 9019.
CHEN, FEI The other case is for three different style
of the electrical facial cleansing devices.
The issue in this case is whether they are classified in heading 8509
as electromechanical, domestic appliances
or message apparatus in heading 9019.
We cannot issue rulings on this types of products
until the issues before headquarters has been decided.
CHEN, FEI We will end this here.
CHEN, FEI This is some helpful links that you may use frequently.
CHEN, FEI Links for CBP websites harmonized tariff schedule,
custom ruling, online search system, cross electronic ruling request,
informed compliance publication and previously recorded webinars
after being vetted.
This webinar will also be posted on the same website.
CHEN, FEI The slide and next, two slides contain links for images
and references in using the presentation.
CHEN, FEI I've had time to take some questions.
CHEN, FEI Please feel free to tell your questions on this presentation
into the chat box.
In the meantime, I will scroll up to see if there are any questions
from earlier.
CHEN, FEI Actually.
I didn't see any.
CHEN, FEI Uh, questions?
CHEN, FEI Oh.
CHEN, FEI I see some questions coming.
Give me a second, OK.
CHEN, FEI Contact information.
OK, I will provide contact information later.
CHEN, FEI What's the case number for the pending rulings?
CHEN, FEI Oh humm.
CHEN, FEI That's good question.
CHEN, FEI I can.
CHEN, FEI Set.
Uh.
CHEN, FEI Let me find out.
OK, give me one second.
CHEN, FEI The first massage chair, actually.
CHEN, FEI We rule.
CHEN, FEI The massage chair in new your ruling.
CHEN, FEI N314191.
CHEN, FEI N314191 and.
CHEN, FEI I don't have the headquarter ruling number yet.
CHEN, FEI I don't remember.
I can say you can email me.
I will give it to you, OK.
CHEN, FEI And the other.
CHEN, FEI Uh, ruling regarding the electrical facial cleansing devices.
CHEN, FEI You can look at the new York ruling.
CHEN, FEI N299805.
CHEN, FEI And N299937.
CHEN, FEI N299933.
CHEN, FEI Again, uh.
You can email me for headquarter ruling number still pending.
CHEN, FEI So one question say can adult products is called massager
be classified as 9019?
CHEN, FEI Uh, we do have ruling for vibratory.
CHEN, FEI Adult products classify in 9019, so if you have specific product,
uh, feel free to send us a ruling request.
CHEN, FEI I see a question say please clarify the AC adapter.
CHEN, FEI Of subheading 9019.10.2035 Is it simply a plug
that can be removed from the device
versus a plug that's permanently affixed.
CHEN, FEI Let me see which.
CHEN, FEI Give me once again.
Let me see my note.
Maybe I have something on my note.
CHEN, FEI Yeah.
CHEN, FEI You have that current.
Currently.
There are two main kind, there are two main kind of currents,
AC or direct currents is a flow of energy from you to get from the battery.
CHEN, FEI That's the AC.
CHEN, FEI The alternating current is from your work outlets
which reverse the direction of electrons along the current to flow
to turn on off.
CHEN, FEI So I think the question probably is not approximate,
can be removed from the device versus approximate permanently affixed.
I think it's more likely like the device you can remove.
CHEN, FEI From a approximate can be removed from the device.
CHEN, FEI But on the purpose of AC is.
CHEN, FEI What is the alternate currents?
So it reverse the direction of electrons allow the current flow?
CHEN, FEI Two to turn on or off.
CHEN, FEI I hope I answer your question on this one,
otherwise feel free to email me.
CHEN, FEI OK, I don't see any question yet.
Ohh I do see something come up.
CHEN, FEI Face Face Roller is classified under …
we have the a few rulings online which classify those face roller
as a massage apparatus.
CHEN, FEI So it is classified and the.
CHEN, FEI Other.
CHEN, FEI 9019.10.2050.
CHEN, FEI Any other questions.
CHEN, FEI I've been doing the last call for the questions otherwise.
CHEN, FEI Here's my teams contact information.
If I did not get your questions or you have any questions
on this topics or suggestion for future webinars, please feel free
to send us an email and we'll be more than happy to get back to you.
Email is the best way to reach us if you email us,
please include a phone number where you can be reached.
CHEN, FEI Thank you for joining me today.
I would like to thank our web master, Miss Fung king Kong,
Miss Amy Berkitt, Miss Rumana Rafik with Simon Slyer for hosting this webinar
and make it possible.
CHEN, FEI With that, we will conclude this presentation.
Thank you and have a great afternoon.