Commission Regulation (EC) No 799/1999 of 16 April 1999 concerning the classification of certain goods in the Combined Nomenclature
Date: 1999-04-16
Institutions: European Commission
Subjects: Combined Nomenclature, motor vehicle, telecommunications equipment

L 102/8

EN

Official Journal of the European Communities

17. 4. 1999

COMMISSION REGULATION (EC) No 799/1999

of 16 April 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
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 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
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
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 under
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, 16 April 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.

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Official Journal of the European Communities

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Description of goods

(1)

1. Composite machine,

of

the

following

consisting
components in a single housing:
(cid:190) telephone,
(cid:190) digital telephone answering machine,
(cid:190) modem (33,6 Kbps),
(cid:190) CPU with 48 MHz processor, 4 MB ROM (maximum
12 MB) and 4 MB DRAM (maximum 32 MB),
(cid:190) colour display (8Z 640 · 480 VGA touch panel),
(cid:190) keyboard with mousebutton,
(cid:190) interfaces: POTS (2),

ISDN, Ethernet,

serial and

parallel port.

It has the following functions:
telephone
answering, sending and receiving of messages (e.g. faxes
and e-mails)
in electronic form via a telephone line,
Internet access, execution of different software (telephone
directory, word-processing, calendar).

telephony,

See illustration A (*)

2. New four-wheeled vehicles with a 928 cm3 diesel engine,
a gross vehicle weight of approximately 1 800 kg and
approximate dimensions of 2,7 m (length) · 1,4 m
(width). The vehicles have an open cabin and a bench
seat for 2 persons (including the driver) and an open load
area with the approximate dimensions of 1,2 m (length) ·
1,4 m (width).
The load capacity is approximately 900 kg. The load area
has tilting hydraulics. The vehicle has a device for towing
trailers and a power-take-off. The area for persons is
smaller than the load area.

See illustration B (*)

ANNEX

Classification
CN Code

(2)

8517 50 90

Reason

(3)

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 the CN codes 8517, 8517 50 and
8517 50 90.

The principal function of the composite machine is line
telephony.

As none of the two main components (the telephone and
the telecommunication apparatus for digital line systems)
give the product the essential character, General Rule 3c for
the interpretation of the Combined Nomenclature applies
on subheading level.

8704 21 91

Classification is determined by the provisions of General
the Combined
Rules 1 and 6 for the interpretation of
Nomenclature and the wording of the CN Codes 8704,
8704 21 and 8704 21 91.

The vehicles are not essentially designed for hauling or
pushing another vehicle, appliance or load and therefore do
not fulfil the requirements of Note 2 to Chapter 87. They
are not principally designed for the transport of persons.
They are not dumper trucks (see the Explanatory Notes to
the Harmonised System to subheading 8704 10).

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Official Journal of the European Communities

17. 4. 1999

A

B

(*) The illustrations are purely for information.