Commission Regulation (EC) No 687/2002 of 22 April 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-04-22
Institutions: European Commission
Subjects: Combined Nomenclature, preparation for market, satellite communications, toy industry

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COMMISSION REGULATION (EC) No 687/2002

of 22 April 2002

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 578/2002 (2), and in particular Article 9
thereof,

Whereas:

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 2700/
2000 (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 the present Regulation
must be classified under the CN codes indicated in
column 2, by virtue of the reasons set out in column 3.

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

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-

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, 22 April 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 97, 13.4.2002, p. 1.

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

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ANNEX

Classification
(CN code)

(2)

3926 90 99

Reasons

(3)

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

The product cannot be considered as being an accessory of a
surgical

instrument or appliance of CN code 9018

8526 91 90

Classification is determined by the provisions of General Rules 1
and 6 for the interpretation of the Combined Nomenclature, and
by the wording of CN codes 8526, 8526 91 and 8526 91 90

The apparatus does not fulfil the conditions of Section II, para-
graph B, of the preliminary provisions of the Combined Nomen-
clature, in that it is not considered as being for incorporation
into a civil aircraft

9501 00 90

Classification is determined by the provisions of General Rules 1
and 6 for the interpretation of the Combined Nomenclature,
Note 1 to Section XVII and the wording of the CN codes 9501
and 9501 00 90

The product is considered to be a wheeled toy designed to be
ridden by children even though it may be used by adults

The wording of heading 9501 does not preclude the use of such
articles by adults

9503 20 10

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, 9503 20 and 9503 20 10

The article is a reduced-size model for recreational purposes

Description of the goods

(1)

1. Product

(of dimensions L × W × H = 52,5 × 25 × 4,5 cm),
designed to hold surgical instruments, consisting of two sepa-
rate parts of moulded and perforated plastic

The two parts are held together, one on top of the other, with
metallic clips on each side. The upper part has two metallic
handles

The lower part incorporates compartments, specially shaped
to hold the instruments

The product is presented without the surgical

instruments

See photograph A (*)

2. A hand-held

(of

device

global-positioning

dimensions
H × W × D = 8 × 17,3 × 6,5 cm), with a 16-colour LCD
display (of a diagonal screen-measurement of 10,4 cm) and
several control buttons. The device has a 12-parallel-channel
receiver capable of continuously tracking and using 12 satel-
lites to compute and update positions, as well as a detachable
antenna, and operates using either batteries or a 10 to 35 V
DC adapter

It is supplied with the following accessories:

yoke mount, a low-profile remote antenna, a cigarette-lighter
adapter, a cable to update data, a manual and a carrying-case

See photograph B (*)

3. An article consisting of an aluminium platform to stand on,
which is connected to a small wheel at the back. The front is
connected to a height-adjustable and lockable
steering
column. The steering column is provided with a small wheel
and handle bar grips

The article is capable of being folded at
between the steering column and the platform

the connection

The article is suitable to be ridden by both children and adults

See photograph C (*)

4. An unassembled plastic model (1:200) of a Boeing TM 767-
(l × w × h)
the following

300ER
27 × 24,5 × 8 cm. The model consists of
elements:

aeroplane with

dimensions

the

— a fuselage or principal body
— 2 wings, each carrying a motor
— a tail plane
— a tail fin
— a standard
— a pedestal

The pedestal and both sides of the body carry the name of an
airline company. The tail fin, the motors and the pedestal
carry the logo of an airline company

See photograph D (*)

(*) The photographs are purely for information.

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