Commission Regulation (EC) No 981/98 of 7 May 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-05-07
Institutions: European Commission
Subjects: Combined Nomenclature, classification, computer, pulp and paper industry

9. 5. 98

EN

Official Journal of the European Communities

L 137/9

COMMISSION REGULATION (EC) No 981/98

of 7 May 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
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 2509/97 (2), and in
particular Article 9 thereof,

Whereas order to ensure uniform application of
the
Combined Nomenclature annexed to the said Regulation,
it is necesssary 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 under 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
Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing 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 Statis-
tical 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 under
the appropriate CN codes indicated in column 2 of the
said table.

Article 2

Binding tariff information issued by the customs author-
ities 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, 7 May 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.

L 137/10

EN

Official Journal of the European Communities

9. 5. 98

Description

(1)

1. Photo album with a binding measuring 12 cm (width) by
16,5 cm (length) by 5,8 cm (thickness), composed of the
following materials:

(cid:190) a paperboard base, successively coated with cellular
plastic, a layer of thin paperboard, colourfully printed
paper and plastic foil,

(cid:190) the 60 inside pages are glued to the binding and
consist of plastic leaves with applied transparent
plastic pockets.

ANNEX

Classification
(CN code)

(2)

3926 90 91

Reason

(3)

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 3926,
3926 90 and 3926 90 91.

components

The plastic
composite product
predominate both in volume and in terms of the product’s
function.

in this

2. A laptop computer-type device in a moulded coloured
plastic case, approximately 20 cm long, 23 cm wide and
6 cm thick.

9503 90 32

The device has the following components:

(cid:190) a loudspeaker,
(cid:190) an electronic processing unit (not freely program-

mable),

(cid:190) a keyboard with switches under a sturdy plastic film,
(cid:190) an LCD-display, approximately 6 · 3 cm,
(cid:190) switches
contrast.

to regulate the loud-speaker

and the

The device has 16 built-in programmes, which perform
writing, arithmetic and logic exercices, as well as
composing music.

The programmes are aimed at children between five and
eight years old.

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature and the wording of CN codes 9503, 9503 90
and 9503 90 32.

the 16 in-built programmes consist of written
Four of
exercices, seven test artithmetic and two involve recognising
musical notes/tunes etc.

Although 15 of the 16 programmes are in two player mode
and the correct answers are scored, the product does not
have the characteristics of a parlour game of heading 9504.
The essential character of
that of an
educational toy.

the product

is