Description of the goods Classification (CN code) Reasons

(1) (2) (3)

1. A handheld, battery-operated apparatus, foldable, with overall dimensions of approximately 8,7 cm (L) × 5,4 cm (W) × 1,8 cm (D), in a single housing having: — an alpha-numeric keyboard of a kind used in cellular phones; — one colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of approximately 5 cm (2 inches); — a second rectangular colour display of the LCD type with a diagonal measurement of the screen of 2 cm (0,8 inch); — a 2 megapixels digital camera with a digital zoom; — a slot for a solid state non-volatile storage card not exceeding 4 GB; and — a USB (Universal Serial Bus) port for recharging the battery, for data exchange and for connecting external earphones. The apparatus comprises: — a microprocessor; — microphone and loudspeaker; — an in-built memory of 128 MB; and — a television receiver of the DVB-T type. The apparatus has an integrated operating system for mobile telephony over the cellular network which can be activated when a SIM card is inserted into the apparatus. The apparatus has the following functions: — mobile phone communication over the cellular network; — wireless transmission and reception of images or other data (such as SMS (Short Message Service), MMS (Multimedia Messaging Service), e-mail, etc.); — recording and reproducing of sound as well as still and video images; and — reception of television signals (DVB-T). The apparatus also functions using other wireless communication protocols such as ‘Bluetooth’. 8517 12 00 Classification is determined by 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 12 00. The apparatus is a composite machine consisting of different components. Given that the apparatus is designed to be equipped with a SIM (Subscriber Identity Module) and given that, when equipped with an activated SIM, the mobile telephony function takes precedence over all the other functions of the apparatus (in particular, the incoming calls override all other functions used), the principal function of the apparatus within the meaning of Note 3 to Section XVI is considered to be that of mobile phone communication over a cellular network as provided for in heading 8517 (subheading 8517 12 00). The apparatus is therefore to be classified under subheading 8517 12 00 as a telephone for cellular networks according to the component that performs the apparatus’ principal function.

2. A handheld, battery-operated apparatus, foldable, with overall dimensions of approximately 10,9 cm (L) × 5,9 cm (W) × 1,9 cm (D), in a single housing having: — a colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of approximately 7 cm (2,8 inches), which incorporates an alpha-numeric keyboard of the touch screen type; — a 1,92 megapixels digital camera with an optical zoom; — a slot for a solid state non-volatile storage card not exceeding 4 GB; and — a USB (Universal Serial Bus) port; and — a port for recharging the battery. The apparatus comprises: — a microprocessor; — microphone and loudspeaker; — an in-built random-access memory with a storage capacity of 64 MB; — an in-built electrically erasable, programmable, read only memory with a storage capacity of 256 MB; — an antenna for the reception of radio navigational signals from satellites, and — a GPS (Global Positioning System) module. The apparatus has an integrated operating system for mobile telephony over the cellular network which can be activated when a SIM card is inserted into the apparatus. The apparatus has the following functions: — mobile phone communication over the cellular network; — wireless transmission and reception of images or other data (such as SMS (Short Message Service), MMS (Multimedia Messaging Service), e-mail, etc.); — personal digital assistant; — recording and reproducing of sound as well as still and video images; and — a radio navigation satellite system in the form of a Global Positioning System (GPS). The apparatus also functions using other wireless communication protocols such as ‘Bluetooth’ and wireless LAN (local area network) (802.11b + g). 8517 12 00 Classification is determined by 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 12 00. The apparatus is a composite machine consisting of different components. Given that the apparatus is designed to be equipped with a SIM (Subscriber Identity Module) and given that, when equipped with an activated SIM, the mobile telephony function takes precedence over all the other functions of the apparatus (in particular, the incoming calls override all other functions used), the principal function of the apparatus within the meaning of Note 3 to Section XVI is considered to be that of mobile phone communication over a cellular network as provided for in heading 8517 (subheading 8517 12 00). The apparatus is therefore to be classified under subheading 8517 12 00 as a telephone for cellular networks according to the component that performs the apparatus’ principal function.