Commission Regulation (EC) No 517/1999 of 9 March 1999 concerning the classification of certain goods in the Combined Nomenclature
Date: 1999-03-09
Institutions: European Commission
Subjects: Combined Nomenclature, facsimile, office equipment, reprography

10. 3. 1999

EN

Official Journal of the European Communities

L 61/23

COMMISSION REGULATION (EC) No 517/1999

of 9 March 1999

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 Regulation
(EC) No 2261/98 (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 classi-
fication 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 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
view to the application of
tariff and 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 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),
last
amended by European Parliament and Council Regula-
tion (EC) No 82/97 (4), for a period of three months by
the holder;

as

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 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, 9 March 1999.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 292, 30. 10. 1998, p. 1.

(3) OJ L 302, 19. 10. 1992, p. 1.
(4) OJ L 17, 21. 1. 1997, p. 1.

L 61/24

EN

Official Journal of the European Communities

10. 3. 1999

Description of goods

(1)

ANNEX

Classification
(CN code)

(2)

Reason

(3)

1. A multifunctional apparatus capable of performing the

8517 21 00

following functions:

— faxing,
— line telephony,
— telephone answering,
— scanning,
— printing,
— photocopying.

The apparatus operates either in an autonomous form (as
a fax transmitter, a fax receiver and a copier) or in
conjunction with a computer (as a printer, scanner and
fax machine).

The machine also includes a document copying function
(four pages per minute) available in autonomous mode.

See illustration A (*)

2. A multifunctional apparatus (so-called ‘digital copier')

9009 12 00

capable of performing the following functions:

— scanning,
— printing,
— faxing,
— photocopying (indirect process).

The apparatus which has several paper feed trays is
capable of reproducing up to 30 A4 pages per minute.

The apparatus operates either in an autonomous form (as
a copier, printer and a fax machine) or in conjunction
with a computer or in a computer network (as a printer,
scanner, fax machine and a copier).

See illustration B (*)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, Note 3 to Section XVI, Note 5.E to Chapter
84 and the wording of CN codes 8517 , 8517 21 and
8517 21 00.

The principal function of the apparatus is considered to be
that of faxing

Classification is determined by the provisions of General
Rules 1, 3c and 6 for the interpretation of the Combined
Nomenclature, Note 5.E to Chapter 84 and the wording of
CN codes 9009, 9009 12 and 9009 12 00.

The apparatus has several
considered to give the product its essential character

functions none of which are

Illustration A

Illustration B

(*) The illustrations are purely for information.