دستگاه حجامت برقی با مکش، گرما و لرزش: کار اصلی‌اش مکش است، پس «پمپ خلأ» ۸۴۱۴ است، نه دستگاه ماساژ ۹۰۱۹

OT:RR:CTF:EMAIN H343967 DSR

Center Director Pharmaceuticals, Health and Chemicals Center of Excellence and Expertise (CEE) U.S. Customs and Border Protection 1100 Raymond Blvd. Newark, NJ 07102 Attn: Jing Shan Chen, Import Specialist

Dear Port Director:

This letter relates to the Application for Further Review (AFR) of Protest No. 2704-24-171160, which was filed on behalf of Therabody, Inc. (Protestant), and which contests the classification and liquidation by U.S. Customs and Border Protection (CBP) of certain combination cupping, massaging and heating devices under the Harmonized Tariff Schedule of the United States (HTSUS). In reaching our decision, we have considered the contents of our virtual discussion with the Protestant, held on July 25, 2025, as well as information submitted with the protest.

The device in question is referred to as the “TheraCup” and it is a motorized device that, according to Protestant and the product literature included with the protest, "combines traditional cupping with cutting-edge ThermaVibration™ technology [and] utilizes suction, heat and vibration together to create an easy-to-use digitized cupping experience that optimizes localized relief and recovery through the process of vasodilation.” The Merriam-Webster website defines “cupping” as “a technique formerly employed for drawing blood to the surface of the body by application of a glass vessel from which air had been evacuated by heat to form a partial vacuum.” See https://www.merriam-webster.com/dictionary/cupping (last visited October 21, 2025).

The device is imported in a retail package that is sold as a “1-pack” with 3 interchangeable cups, or a “2-pack” with two sets of interchangeable cup sizes, or a “6-pack” with 6 sets of cups. Each package also contains a USB-C charging cable and a neoprene carrying pouch.

To use the device, a user first selects the cup size best suited for the area they want to apply the TheraCup, then the user turns on the device and selects the level of desired suction. Activating the suction function also automatically turns on the first levels of the heat and vibration functions. The user then adjusts the settings accordingly, before placing the cup directly on the intended area, such as the back, arms or legs. The purpose of the TheraCup is to perform cupping therapy by combining cupping (suction) with heat and vibration for a more efficient and easy-to-use recovery solution. The TheraCup can be used for regular cupping, gliding cupping [Footnote 1: Gliding cupping entails the user applying a massage medium such as massage oil or lotion to the intended treatment area. The user then places the cup on areas such as IT (iliotibial) bands, quads, and calves. Once the cup achieves full suction, the user then lightly lifts the cup up and away from the skin, slowly gliding over the treatment area.], and flash cupping. [Footnote 2: When flash cupping, a user places the cup on the intended area, allowing the pressure to build up for 2- 5 seconds, and then pulls to release the cup.]

According to Protestant, each of the TheraCup’s three functions can be used independently of the other. This means that a user can use the suction function without heat or vibration, vibration without heat or suction, and heat without vibration or suction. To use the device without suction, a user simply removes the plastic cup. Removing the cup automatically shuts off suction but does not turn off the heat or vibration functions. To turn off vibration, while leaving the suction and heat on, the user would “long-press” the vibration button. Similarly, to turn off the heat function, while leaving on suction and vibration, the user would leave the cup on and “long-press” the heat button.

Protestant entered the subject device on July 26, 2023, under subheading 9019.10.20, HTSUS, which provides, in relevant part, for massage apparatus. CBP subsequently advised Protestant to reclassify the device as a vacuum pump under subheading 8414.10.00, HTSUS, which provides for “Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters; gas-tight biological safety cabinets, whether or not fitted with filters; parts thereof: Vacuum pumps.”

CBP liquidated the entry on August 30, 2024, classifying the device under heading subheading 8414.10.00, HTSUS. Additional duties were assessed upon entry pursuant to heading 9903.88.03, HTSUS, as the device is a product of China.

Protestant opposes the liquidation of the device under subheading 8414,10.00, HTSUS, and reasserts that the proper provision is instead subheading 9019.10.20, HTSUS.

Whether the subject device is properly classified under heading 8414, HTSUS, as a vacuum pump; heading 8516, HTSUS, as an electrothermic appliance of a kind used for domestic purposes; or under heading 9019, HTSUS, as a massage apparatus

We first note that the protest was properly filed as a decision on classification under 19 U.S.C. § 1514(a)(2). The protest was filed on October 4, 2024, which was timely as it was within 180 days of liquidation of the entry. See 19 U.S.C. § 1514(c)(3). Further review of the protest was properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(b) because this matter involves questions of law and fact that have not been ruled upon by the Commissioner of CBP or his designee or by the Customs courts.

Classification under the HTSUS is determined in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.

The subject TheraCup kit is imported as a retail set featuring components that are classified in different headings. Those components are the TheraCup itself (headings 8414, 8516 or 9019) and the neoprene carrying pouch (heading 4202); and a USB-C charging cable (heading 8544). Goods that are prima facie classifiable under two or more headings are classifiable in accordance with GRI 3, HTSUS. GRI 3 states the following:

When, by application of rule 2(b) or for any other reason, goods are, prima facie, classifiable under two or more headings, classification shall be effected as follows:

(a) The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

We find that the TheraCup device provides the essential character of the retail set because the USB-C cable and carrying pouch are accessories that are merely used to charge and carry the TheraCup, and the entire kit will be classified accordingly.

The HTSUS headings and subheadings under consideration are as follows:

8516 Electric instantaneous or storage water heaters and immersion heaters; electric space heating apparatus and soil heating apparatus; electrothermic hairdressing apparatus (for example, hair dryers, hair curlers, curling tong heaters) and hand dryers; electric flatirons; other electrothermic appliances of a kind used for domestic purposes; electric heating resistors, other than those of heading 8545; parts thereof:

Other electrothermic devices:

Note 3 to Section XVI, HTSUS (which contains headings 8414 and 8516), provides as follows:

Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function.

Note 3 to Chapter 90, HTSUS, provides that “[t]he provisions of notes 3 and 4 to section XVI apply also to this chapter.” Also, “In general, multi-function machines are classified according to the principal function of the machine … Where it is not possible to determine the principal function, and where, as provided in Note 3 to Section XVI, the context does not otherwise require, it is necessary to apply General Interpretative Rule 3(c).” See General Explanatory Note to Chapter 90, Part IV. [Footnote 3: The Harmonized Commodity Description and Coding System Explanatory Notes (“ENs”) constitute the official interpretation of the Harmonized System at the international level. While not legally binding, the ENs provide a commentary on the scope of each heading of the HS and are thus useful in ascertaining the proper classification of merchandise. See T.D. 89-90, 54 Fed. Reg. 35127 (August 23, 1989).] As the subject device is a multifunction machine (i.e., suction, heat, and vibration), we must determine which, if any, of those functions is the device’s principal function.

The suction function of the instant device is virtually identical to that of a vacuum pump considered in New York Ruling Letter 813195 (August 30, 1995). In that ruling, CBP examined a kit containing 15 glass suction cups of various sizes, in addition to a hand-operated vacuum pump, all enclosed in a fitted vinyl briefcase. The purpose of the kit was to allow a practitioner to provide relief from sore and aching muscles by attaching the cups to various parts of a client's anatomy to create an airtight seal, connecting the vacuum pump to the cups and withdrawing a pre-determined amount of air from the cups, thus creating a suction effect that lifts the skin and underlying tissues, increasing blood flow to the area and promoting healing, pain relief, muscle relaxation, and detoxification. The vacuum pump was determined to impart the essential character of the kit, and the entire kit was classified in heading 8414, HTSUS, as a vacuum pump.

Heading 8516, HTSUS, provides in relevant part, for “electrothermic appliances of a kind used for domestic purposes.” The term “electrothermic” is not defined by the relevant tariff headings, legal notes or ENs. As a result, CBP is permitted to consult dictionaries and other lexicographic materials to determine the term’s common meaning. See, e.g., Lonza, Inc. v. United States, 46 F.3d 1098 (Fed. Cir. 1995). The term in question is then construed in accordance with its common and commercial meanings, which are presumed to be the same. See, e.g., Nippon Kogasku (USA), Inc. v. United States, 69 C.C.P.A .89, 673 F.2d 380 (1982); Toyota Motor Sales, Inc. v. United States, 7 C.I.T. 178 (Ct. Int’l Trade 1984); Carl Zeiss, Inc. v. United States, 195 F.3d 1375 (Fed. Cir. 1999). Common and commercial meaning may be determined by consulting dictionaries, lexicons, scientific authorities and other reliable sources. The Merriam-Webster website defines “electrothermal” as relating to or combining electricity and heat, specifically relating to the generation of heat by electricity. [Footnote 4: https://www.merriam-webster.com/dictionary/electrothermal (last visited July 16, 2025); see also https://www.collinsdictionary.com/us/dictionary/english/electrothermal (last visited July 16, 2025).] [Footnote 5: The terms “electrothermic” and “electrothermal” may be used interchangeably. Both terms describe the fundamental principle of using electricity to generate heat.] The subject device is an appliance used for domestic purposes and can generate heat from electricity, which would place it within the scope of heading 8516, HTSUS, if we were to determine that the heating function is the device’s principal function.

Finally, heading 9019, HTSUS, in pertinent part, provides for massage apparatus. Protestant asserts that the vibration function of the device is provided for in heading 9019, HTSUS, and we do not dispute that assertion. However, we disagree with Protestant’s conclusion that the principal function of the device cannot determined and, thus, heading 9019 controls the ultimate classification of the device as that heading occurs last in order among those that merit equal consideration per GRI 3(c).

We note that the TheraCup user manual introduces the device as “a digitized cupping therapy” that “innovates on the traditional method of cupping therapy.” It is “intended to stimulate the natural healing process by increasing blood flow to the treated area,” which is achieved by inducing vasodilation through suction. Also, in order to use the device, a user first selects the level of suction, which then automatically activates the TheraCup’s initial levels of heat and vibration. The heat and vibration functions can only be used independently of the suction/cupping function if the user removes the device’s cup and thus eliminates the sealed vacuum that is required for the device to “cup” the skin. By contrast, the TheraCup requires no user modifications should a user wish to use the suction function alone – a user simply “long presses” the control buttons associated with the heat and vibration functions to deactivate those functions while the cupping function continues unabated.

These factors lead us to conclude that the Theracup is designed to maximize the suction/cupping action in order to increase vasodilation, with the heating and vibration functions acting to augment the vasodilation effect of cupping. We therefore find that the principal function of the TheraCup is to function as a vacuum pump of heading 8414, HTSUS, by application of Note 3 to Section XVI, HTSUS, and consequentially find that the kit itself is classified in that heading by application of GRI 3(b).

By application of GRIs 1 (Note 3 to Section XVI and Note 3 to Chapter 90), 3(b), and 6, the subject TheraCup kit is properly classified under heading 8414, HTSUS, and is specifically described in subheading 8414.10.00, HTSUS, as a vacuum pump. The general column one rate of duty is 2.5% ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 8414.10.00, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty imposed by the relevant Chapter 99 provision, i.e., heading 9903.88.03.

This ruling does not address the applicability of any additional duties that may apply to the goods discussed herein. Likewise, 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 at www.usitc.gov.

Sincerely, for Yuliya A. Gulis, Director Commercial and Trade Facilitation Division