Commission Regulation (EC) No 1400/2001 of 10 July 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-07-10
Institutions: European Commission
Subjects: Combined Nomenclature, electrical engineering, toiletries

11.7.2001

EN

Official Journal of the European Communities

L 189/5

COMMISSION REGULATION (EC) No 1400/2001

of 10 July 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 Commission
Regulation (EC) No 1230/2001 (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 Regu-
lation (EC) No 2700/2000 of the European Parliament
and of the Council (4), for a period of three months by
the holder.

(5)

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

(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 this 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, 10 July 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 168, 23.6.2001, p. 6.

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

L 189/6

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Official Journal of the European Communities

11.7.2001

ANNEX

Classification
(CN) code

(2)

8479 89 98

9504 10 00

Reasons

(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 8479, 8479 89 and 8479 89 98

Classification is determined by the provisions of
General Rules 1, 3b) and 6 for the interpretation
of the Combined Nomenclature, note 6 to Chapter
85 and the wording of
the CN codes 8524,
8524 39, and 8524 39 90 as well as 9504 and
9504 10 00

Of the various functions (including playing video
games, playback of CD audio, DVD video, auto-
matic data processing, etc.), playing video games
gives the apparatus its essential character and
determines classification under heading 9504 as a
game console

8525 39 90

Description of the goods

(1)

A liquid soap dispenser in the form of a base
metal container on top of which is mounted a
push-button operated piston pump consisting of a
plunger spring, a sealing plunger, a rod and a
plunger tube.

See photograph (*)

An apparatus (console) presented in a box for
retail sale, together with a controller module with
a connecting cable, a CD-ROM, a cable to connect
the console to audio/video device and a power
supply cable.

The console includes the following components:

— a central processing unit (CPU),
— a 32 Mbits DRAM main memory module,
— a digital versatile disk (DVD) drive, a graphics

chip,

— a graphics chip,
— 2 universal serial bus (USB) connector ports,
— 2 controller module ports,
— 2 memory card slots,
— an audio/video connector port (IEEE 1394),
— an optical digital output connector port.

Besides the controller module, several devices can
be connected to the console such as a standard
keyboard, a mouse, a television receiver, a data
monitor or a printer.

A drive bay inside the console allows incorpora-
tion of a hard disk drive and an Ethernet adaptor.

The apparatus is capable of:

— processing dedicated software

for playing

video games,
— converting digital

information from DVD
video disks or audio CDs into video/audio
signals for reproduction by television receivers
or audio systems,

— being programmed in ‘YABASIC’.

The controller module has several control buttons,
which are mainly used for playing video games.

The CD-ROM includes the programming language
‘YABASIC’ as well as several video games and
videos.

See photograph (*)

(*) The photographs are purely for information.

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Official Journal of the European Communities

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