Commission Regulation (EC) No 305/2001 of 12 February 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-02-12
Institutions: European Commission
Subjects: Combined Nomenclature, manufactured goods

L 44/22

EN

Official Journal of the European Communities

15.2.2001

COMMISSION REGULATION (EC) No 305/2001

of 12 February 2001

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 2559/2000 (2), and in particular Article 9 thereof,

Whereas:

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 2700/
2000 (4), for a period of three months by the holder.

(5)

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

(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

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, 12 February 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 293, 22.11.2000, p. 1.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 17.

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Official Journal of the European Communities

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Description of goods

(1)

ANNEX

Classification
(CN code)

(2)

Reason

(3)

1. A square ceramic pot

in a single-colour design (100 %

6913 90 10

common pottery), 15 cm high

The pot has an enamelled surface on the inside and the
outside. The pot has applied decorations in the form of
abstract or realistic motifs on the outside

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 6913, 6913 90 and 6913 90 10

Due to the enamelled inside and the absence of an opening in the
bottom, the product has water resistant capacities. Together with
its general appearance the product is considered to be an orna-
mental article

2. A multi-coloured round ceramic pot

(100 % common

6914 90 10

pottery), 38 cm high with a diameter of 38 cm

The pot has a small opening in the bottom, an enamelled
surface on the outisde with applied decorations in the form of
abstract or realistic motifs

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 6914, 6914 90 and 6914 90 10

The small opening in the bottom determines the utility value of
the product as a container for plants

Classification is determined by the provisions of General Rules, 1,
3(c) and 6 for the interpretation of the Combined Nomenclature,
and the wording of CN codes 8527, 8527 90 and 8527 90 98

Neither the transmitter nor the receiver gives the product its
essential character

Classification is determined by the provisions of General Rules 1,
2(a) and 6 for the interpretation of the Combined Nomenclature,
Note 2(b) to Section XVI, and the wording of CN codes 8521,
8521 10, 8521 10 30, 8529, 8529 90 and 8529 90 72

The two elements together do not perform a clearly defined
function within the meaning of Note 4 to Section XVI. The
elements are therefore classified separately according to their
own function

3. A product described as a baby-monitoring device, put up in a

8527 90 98

set for retail sale, consisting of

— a

transmitter

for

radio telephony, with a built-in

microphone

— a portable receiver for radio-telephony combined with a

loudspeaker in a housing

— two mains adaptors

Both the transmitter and the receiver can operate using either
betteries or mains adaptors

The device serves to transmit noises made by a baby in the
vicinity of the transmitter and is used to monitor babies
within a range of roughly 300 metres

4. Electronic-mechanical assembly consisting of two elements,

presented together:

(a) an electronic-mechanical assembly for a video recorder
including the following

made up as a printed circuit
elements:

8521 10 30

— a decoder, processor and generator of red, green and

blue signals for a cathode-ray tube

— an audio signal processor
— a chassis control system with a microcontroller
— a VHS signal processor
— a tape loading/unloading unit
— an audio, video and control head unit
— a metal support for attaching the second element

(b) an electronic assembly for a television receiver including a
switching-mode power supply, a deflection signal gener-
ating unit and a high voltage transformer

8529 90 72

A tuner is not incorporated in either of the assemblies

These assemblies are made to be built into a television
receiver combined with a video recorder with a tape of a
width of 1,265 cm and a tape speed not exceeding
23,39 mm per second

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Official Journal of the European Communities

15.2.2001

Description of goods

(1)

5. An element consisting of glass with layers with a polarising
effect (‘Screen filter’), mounted in a frame. A cable, provided
with a clip,

is attached to the frame

Classification
(CN code)

(2)

9002 20 00

It has the following functions:

— glare reduction
— reflection reduction
— UV radiation reduction
— contrast enhancement
— static charge reduction

Reason

(3)

Classification is determined by the provisions of General Rules 1
and 6 for the interpretation of the Combined Nomenclature,
Note 1(d) to Chapter 70, Note 1(m) to Section XVI, and the
wording of CN codes 9002 and 9002 20 00

The product is considered to be an optical element of Chapter
90. The cable for the reduction of the static charge does not
affect the classification