Commission Regulation (EC) No 1508/2000 of 11 July 2000 concerning the classification of certain goods in the Combined Nomenclature
Date: 2000-07-11
Institutions: European Commission
Subjects: Combined Nomenclature, automatic game, customs regulations, recording equipment, tariff nomenclature

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1508/2000

of 11 July 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 Regulation
(EC) No 1264/2000 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
Nomenclature annexed to the said Regulation,
is
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
Council and European Parliament Regulation (EC) No
955/1999 (4),
three months by the
holder.

for a period of

(5)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are
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

This Regulation shall enter
into force on the 20th 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, 11 July 2000.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 144, 17.6.2000, p. 6.

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

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Official Journal of the European Communities

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ANNEX

Classification
(CN) code

(2)

9503 70 00

3304 99 00

9006 59 00

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 the
CN codes 9503 and 9503 70 00.

The components of this set are intended for enter-
tainment purposes (presentation of the role of a
vampire)

Classification is determined by the provisions of
General Rules 1, 3b and 6 for the interpretation of
the Combined Nomenclature, Note 2 to Section
VI, Note 3 to Chapter 33 and the wording of the
CN codes 3304 and 3304 99 00.

The make-up preparations determine the essential
character of the set

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature, Note 5 B and 5 E to
Chapter 84 and the wording of the CN codes
9006 and 9006 59 00.

Although this device works in conjunction with
an automatic dataprocessing machine it has the
characteristics of an apparatus of heading 9006

Description of goods

(1)

1. A set, consisting of vampire teeth made of
plastic and a small plastic tube containing a red
liquid (‘artificial blood’).

The set is made up in packaging for retail sale.

2. A set, consisting of a representation of a
human skull made of plastic (approximately
10 cm long, 5 cm wide and 0,5 cm high), in
which the eye, nose and mouth cavities contain
different coloured make-up preparations, and a
stick with ends made from synthetic foam
material for applying the make-up.

The set is made up in packaging for retail sale.

3. A device (‘digital film recorder’), consisting of a
cathode ray tube, a camera back with a colour
filter
assemblies,
electronic
various
mounted in a common housing.

and

The device works in conjunction with an auto-
matic data-processing machine.

The cathode ray tube transfers images from the
automatic data-processing machine on film
material
(instant images or negative film on
rolls of width of 35 mm or more) inserted in
the camera back.

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Official Journal of the European Communities

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Description of goods

(1)

Classification
(CN) code

(2)

Reason

(3)

Classification is determined by the provisions of
General Rules 1, 3b and 6 for the interpretation of
the combined Nomenclature and the wording of
the CN codes 9504 and 9504 10 00.

its
The video game console gives the product
essential character. It is of a kind principally used
with a television receiver

4. A set of electronic devices consisting of

9504 10 00

— a video game console,
— a controller module,
— a portable handheld module.

a

a

graphics processor,

The video game console consists of a CPU, a
memory,
sound
processor, an optical disk drive, a modem for
Internet access and various sockets such as
ports for controller modules.
It has a fixed
operating system, which has been customised
for video games. The optical disk drive is
compact discs
capable of
containing games developed for
the video
game console. The game programs cannot be
modified by the user.

reading special

The sockets enable the video console to be
connected to several devices such as a televi-
sion receiver, a data monitor, a keyboard, a
mouse, an external storage unit or a printer.

The controller module has different control
buttons. They are used for playing games on
the console. The controller module has to be
connected to the viedo game console by cable.

The portable handheld module has different
control buttons for playing games, and a small
LCD screen which displays gaming informa-
tion. The module can download gaming infor-
mation and scores and may be used to play
basic games in its own right. The portable
linked to the
handheld module
controller module but may also be used inde-
pendently.

can be

See illustration (*)

(*) The illustrations are purely for information.

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Official Journal of the European Communities

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