COMMISSION REGULATION (EC) No 2184/97of 3 November 1997 concerning the classification of certain goods in the Combined Nomenclature- "Official Journal of the European Communities", No L 299/6 of 4.11.1997 - |
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), as last amended by Commission Regulation (EC) No 1624/97(2), and in particular Article 9 thereof,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to this Regulation must be classified within the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas it is accepted that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the combined nomenclature, and which do not conform to the rights established by this Regulation, can continue to be invoked, pursuant to the provisions in Article 12 (6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(3), for a period of three months by the holder;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the tariff and statistical nomenclature section of the Customs Code Committee,
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(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 224, 14.8.1997, p. 16.
(3) OJ L 302, 19.10.1992, p. 1.
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 12 (6) of Regulation (EEC) No 2913/92 for a period of three months.
Article 3
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 November 1997.
For the Commission
Mario MONTI
Member of the Commission
ANNEX
Description |
Classification |
Reason |
(1) |
(2) |
(3) |
1. Barbecue for single use in a package for retail sale, consisting of: |
7321 13 00 |
Classification is determined by the provisions of general rules 1, 3b and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 7321 and 7321 13 00. |
2. A video conferencing system consisting of the following components, which are linked by cable: |
8517 19 10 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, note 4 to Section XVI and by the wording of CN codes 8517, 8517 19 and 8517 19 10. |
3. Multifunction facsimile machine essentially consisting of: |
8517 21 00 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, note 3 to Section XVI and by the wording of CN codes 8517 and 8517 21 00. |
4. Articles, put up in sets for retail sale, enabling an automatic data-processing machine to perform an additional function (video telephony), comprising: |
8517 50 90 |
Classification is determined by the provisions of general rules 1, 3b and 6 for the interpretation of the combined nomenclature, note 6 to chapter 85 and by the wording of CN codes 8517, 8517 50, 8517 50 90, 8524, 852491 and 8524 91 10. |
5. A projector operating by means of a flat panel display (liquid crystal device) for the projection in colour of both data received directly from automatic data- processing machines (e.g. text, graphics) and still or moving images from still image video cameras and other video camera recorders, video recording or reproducing apparatus, television receivers, etc. |
8528 30 05(1) |
Classification is determined by the provisions of general rules 1, 3c and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 8528, 8528 30 and 8528 30 05. |
6. A stuffed article made of pile fabric, representing a dog about 30 cm high. |
9503 41 00 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503 and 9503 41 00. |
7. A plastic toy representing a non-human creature (robot). |
9503 49 30 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503, 9503 49 and 9503 49 30. |
8. A set for retail sale, consisting of the representation of a mouse made of textile material, six wooden cubes carrying the letters A, B, C, X, Y, Z and a children‘s picture book made of paperboard. |
9503 70 00 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503 and 9503 70 00. |
9. A plastic picture panel (about 29 x 22 cm) protected by a cover made of paper board. |
9503 90 32 |
Classification is determined by the provisions of general rules 1, 3b and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503, 9503 90 and 9503 90 32. |
___________ (1) Taric code until 31.12.1997: 8528 30 10 91. |
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(*) Photographs are purely for information |