Commission Regulation (EC) No 738/2000 of 7 April 2000 concerning the classification of certain goods in the Combined Nomenclature
Date: 2000-04-07
Institutions: European Commission
Subjects: Combined Nomenclature, cable transport, hoisting equipment

L 87/10

EN

Official Journal of the European Communities

8.4.2000

COMMISSION REGULATION (EC) No 738/2000

of 7 April 2000

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 2626/1999 (2), and in particular Article 9
thereof,

Whereas:

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
is
Nomenclature annexed to the said Regulation,
necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation.

it

Regulation (EEC) No 2658/87 has set down the general
rules for the interpretation of the Combined Nomencla-
ture. 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.

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 CN codes indicated in
column 2, by virtue of the reasons set out in column 3.

It is appropriate that binding tariff information issued by
the customs authorities of Member States in respect of
the classification of goods in the Combined Nomencla-
ture and which does not conform to the provisions of
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 establishing the
Community Customs Code (3), as last amended by Euro-
pean Parliament and Council Regulation (EC) No 955/
1999 (4), for a period of three months by the holder.

(5)

(6)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee as regards products Nos 1 to 4 and 6.

The Customs Code Committee has not delivered an
opinion with the time limit set by its chairman as
regards product No 5 in the annexed table,

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 CN
codes indicated in column 2 of the said table.

Article 2

Binding tariff information issued by the customs authorities of
Member States which does not conform to the provisions of
this Regulation can continue to be invoked under the provi-
sions of Article 12(6) of Regulation (EEC)No 2913/92 for a
period of three months.

Article 3

into force on the 20th day
This Regulation shall enter
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 April 2000.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 321, 14.12.1999, p. 3.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 119, 7.5.1999, p. 1.

8.4.2000

EN

Official Journal of the European Communities

L 87/11

ANNEX

Classification
(CN code)

(2)

3917 31 90

Reason

(3)

Classification is determined by the provisions of
General Rules 1, 3b and 6 for the interpretation of
the Combined Nomenclature, Note 8 to Chapter
39 and the wording of CN codes 3917, 3917 31
and 3917 31 90

The plastic tube, which is the decisive element for
the transport of material, gives the product its
essential character

3926 90 99

Classification is determined by the provisions of
General Rules 1, 3b and 6 for the interpretation of
the Combined Nomenclature and the wording of
CN codes 3926, 3926 90 und 3926 90 99

The number of plastic tubes, which is the decisive
element for the transport of material, gives the
product its essential character

Description of goods

(1)

1. A flexible product used for the temperature-
controlled distribution of gases or liquids. It
consists of the following components (from the
inside outwards):
— a flexible plastic tube for transporting the
material, having a minimum burst pressure
of 27,6 MPa

— an electrical heating band, which is
separated from the transport tube by an
aluminium plate

— a layer of aluminium foil, that covers the
transport tube, the heating band and the
aluminium plate

— an insulated electric cable for controlling

the heating band

— a layer of fleece material
— an outside covering of

flexible synthetic

material

The product is imported in lengths without
fittings

2. A flexible product used for the temperature-
controlled distribution of gases or liquids. It
consists of the following components (from the
inside outwards):
— A bundle of flexible plastic tubes for trans-

porting the material

— an electrical heating band, which is
separated from the transport tubes by an
aluminium plate

— a layer of aluminium foil, that covers the
transport tubes, the heating band and the
aluminium plate

— an insulated electric cable for controlling

the heating band

— a layer of fleece material
— an outside covering of

flexible synthetic

material

The product is imported in lengths without
fittings

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 8705, 8705 90 and 8705 90 90

The vehicle is a special purpose motor vehicle of
heading 8705

3. A vehicle equipped with a hydraulic lifting

8705 90 90

device fitted with a working platform

The vehicle consists of a lorry chassis with a
cabin for a driver and passengers. It is powered
by a diesel engine. It is suitable for driving on
public roads independantly

The lifting device is permanently fitted on the
vehicle. It consists of a telescopic jib for vertical
movements, which can rotate. It has a working
platform with a size of 0,60 m × 1,20 m, and
a safety railing. The controls of
the lifting
device are mounted on the platform. The
vehicle has 4 retractable stabilisers which rest
on the ground when the lifting device is being
used

The lifting device has a maximum height of
12 m and can lift up to 325 kg

See illustration A (*)

L 87/12

EN

Official Journal of the European Communities

8.4.2000

Description of goods

(1)

Classification
(CN code)

(2)

Reason

(3)

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 8427, 8427 10 and 8427 10 10

This self-propelled vehicle is designed for the
transport of goods, as well as elevating goods and
persons

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 8428, 8428 90 and 8428 90 98

This self-propelled vehicle is not suitable for the
transport of goods.
It is designed for elevating
goods and persons only

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 8428, 8428 90 and 8428 90 98

This lifting device is neither self-propelled nor suit-
able for the transport of goods. It is designed for
elevating goods and persons only

4. A vehicle equipped with a hydraulic lifting
device fitted with a working platform and forks

8427 10 10

The vehicle has a battery-operated electric
motor used for operating the lifting device and
moving the vehicle. The controls of the lifting
device are mounted on the working platform

The vehicle is not suitable for driving on public
roads

The lifting device has a maximum height of

2,50 m and can lift up to 1 200 kg

See illustration B (*)

5. A vehicle equipped with a hydraulic lifting

8428 90 98

device fitted with a working platform

The vehicle consists of a flat surface upon
which a lifting device and an electric motor
and the lifting device are mounted, which oper-
ates the vehicle and the lifting device. The
controls of the lifting device are mounted on
the working platform. The vehicle has 4 large
wheels (12,5 × 16(cid:1)).
It has a gradeability of
25 % and a maximum driving speed of
4,3 km/h.
is not suitable for driving on
public roads without being towed by another
motor vehicle

It

The lifting device is permanently fitted on the
vehicle. It consists of a telescopic jib for hori-
It has a
zontal and vertical movements.
working
of
size
platform with
0,66 m × 1,5 m and a safety railing

a

The lifting device has a maximum height of
15,5 m and can lift up to 227 kg

See illustration C (*)

6. A hydraulic lifting device, with 4 wheels, fitted

8428 90 98

with a working platform

The lifting device has a motor used for oper-
ating the lifting jib only. The controls of the
telescopic jib are mounted on the working plat-
form

The lifting device has 4 retractable stabilisers
which rest on the ground when the device is
being used.
It does not have a motor for
driving. It is not suitable for driving on public
roads

The hydraulic lifting device is a telescopic jib
for vertical movement. It has a working plat-
form with a size of 0,66 m × 0,66 m and a
safety railing

The lifting device has a maximum height of
12,8 m and can lift up to 160 kg

See illustration D (*)

(*) The illustrations are purely for information.

8.4.2000

EN

Official Journal of the European Communities

L 87/13