Commission Regulation (EC) No 955/98 of 29 April 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-04-29
Institutions: European Commission
Subjects: Combined Nomenclature, audiovisual equipment, classification

L 133/12

EN

Official Journal of the European Communities

7. 5. 98

COMMISSION REGULATION (EC) No 955/98

of 29 April 1998

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2658/
87 (1) on the tariff and statistical nomenclature and on the
Common Customs Tariff, as last amended by Commis-
sion Regulation (EC) No 2509/97 (2), and in particular
Article 9,

Whereas in order to ensure uniform application of the
Combined Nomenclature annexed to the said Regulation,
it is necessary to adopt measures concerning the classifi-
cation of the goods referred to in the Annex to this
Regulation;

Whereas Regulation (EEC) No 2658/87 has set down the
the Combined
general rules for the interpretation of
Nomenclature and those rules also apply to any other
nomenclature which is wholly or partly based on it or
which adds any additional subdivision to it and which is
established by specific Community provisions, with a
tariff and other measures
view to the application of
relating to trade in goods;

Whereas, pursuant to the said general rules, the goods
described in column 1 of the table annexed to the present
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, under the provisions in Article 12(6) of Council
the
Regulation
Community Customs Code (3),
three
months by the holder;

establishing
for a period of

(EEC) No

2913/92

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the Tariff and Statist-
ical Nomenclature Section of
the Customs Code
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are
now classified within the Combined Nomenclature
within the appropriate CN codes indicated in column 2
of the said table.

Article 2

Binding tariff information issued by the customs authori-
ties 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, 29 April 1998.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 345, 16. 12. 1997, p. 44.

(3) OJ L 302, 19. 10. 1992, p. 1.

7. 5. 98

EN

Official Journal of the European Communities

L 133/13

ANNEX

Classification
(CN code)

Description

(1)

(2)

1. Wireless stereo headphone set, con-

8518 30 80

sisting of:

(cid:190) battery operated headphones with
radio

high-frequency

in-built
receiver,

(cid:190) a high-frequency radio transmitter
with three channels with a range of
100 m and

(cid:190) an adapter to connect

the trans-

mitter to various audio devices

8543 89 95

2. Audio-frenquency device, containing a
sound processor, which receives and
converts signals from different sources
(e.g. CD-players, videoplayers or film
projectors) into audio signals.

It has the following functions:

(cid:190) simulation of

acoustic

(e.g.

the
ments
church or a discotheque) and
(cid:190) audio frequency amplification

acoustics of

environ-
a

Reason

(3)

Classification is determined by the provi-
sions of General Rules 1 and 6 for the
interpretation of the Combined Nomen-
clature, note 4 to section XVI and the
wording of the CN codes 8518, 8518 30
and 8518 30 80

Classification is determined by the provi-
sions of General Rules 1, 3c and 6 for the
interpretation of the Combined Nomen-
clature and the wording of the CN codes
8543, 8543 89 and 8543 89 95.

A principal
mined

function cannot be deter-