Commission Regulation (EC) No 1386/2003 of 1 August 2003 concerning the classification of certain goods in the Combined Nomenclature
Date: 2003-08-01
Institutions: European Commission
Subjects: Combined Nomenclature, commercial vehicle, household article, office equipment, sports equipment, tariff nomenclature

2.8.2003

EN

Official Journal of the European Union

L 196/19

COMMISSION REGULATION (EC) No 1386/2003

of 1 August 2003

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

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) 2176/2002 (2), and in particular Article 9(1)
thereof,

Whereas:

In order to ensure uniform application of the Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classifi-
cation of the goods referred to in the Annex to this
Regulation.

Regulation (EEC) No 2658/87 has laid down the general
rules for the interpretation of the Combined Nomencla-
ture. Those rules apply also 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 appli-
cation of tariff and other measures relating to trade in
goods.

(1)

(2)

(3)

It is appropriate to provide that binding tariff informa-
tion which has been issued by the customs authorities of
Member States in respect of the classification of goods in
the Combined Nomenclature but which is not in ac-
cordance with this Regulation can, for a period of three
months, continue to be invoked by the holder, under
Article 12(6) of Council Regulation (EEC) No 2913/92
of 12 October 1992 establishing the Community
Customs Code (3), as last amended by Regulation (EC)
No 2700/2000 of the European Parliament and of the
Council (4).

(5)

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

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the
Annex shall be classified in the Combined Nomenclature in the
corresponding CN codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of
Member States, which is not in accordance with the provisions
of this Regulation, can continue to be invoked for a period of
three months under Article 12(6) of Regulation (EEC) No
2913/92.

Pursuant to those general rules, the goods described in
column 1 of the table set out in the Annex to this Regu-
lation should be classified under the CN codes indicated
in column 2, by virtue of the reasons set out in column
3.

Article 3

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 1 August 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 331, 7.12.2002, p. 3.

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

L 196/20

EN

Official Journal of the European Union

2.8.2003

ANNEX

Classification
(CN-code)

(2)

8472 10 00

8543 89 95

Description of the goods

(1)

1. A digital stencil duplicator with a scanner for
the digitisation and electronic processing of
the text and images to be reproduced. The
apparatus uses a stencil (master) consisting of
a vegetable-fibre
film with a plasticised
coating to burn the data by means of a
thermal head. The burned stencil is conveyed
to a printing drum and fixed there. The paper
sheets for printing are pressed against
the
drum by a pressure roller.

The apparatus has a multi-speed printing
system (60, 80, 100 and 120 copies a
minute). It is equipped with a control panel
incorporating a liquid crystal display, an auto-
matic sorter, paper trays and a receiving tray
with side guides.

The machine functions as a stand-alone appa-
ratus but can be connected to an automatic
data-processing machine.

2. Muscle-exercise kit, presented in a plastic
carrying case, consisting of a battery operated
electronic unit with cables, eight electrodes
and two adjustable elasticated straps.

The electrodes are held in place on the
human body by the straps and are connected
by cables to the electronic unit.

Electric impulses are transmitted through the
electrodes to stimulate repeated contraction
of the muscles. The strength of the impulses
can be increased or decreased.

3. New articulated vehicle designed for off-
highway use, for the transport of timber both
on rough ground and on forest tracks.

8704 22 91

It has a maximum gross vehicle weight of
19,7 tonnes and a load capacity of 8,5
tonnes.

The vehicle consists of:
— a four-wheeled towing unit with diesel
engine, drivers cabin, and a permanently
attached hydraulic crane for load hand-
ling,

— a four-wheeled load-unit for the transport
of tree trunks, permanently connected by
a special coupling to the towing unit.

(See illustration A) (*).

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 8472 and 8472 10 00.

is a stencil duplicator

The product
that can
operate in a stand-alone mode. Therefore classifi-
cation under heading 8443, 8471 and 9009 is
to
excluded. See also HS explanatory notes
heading 8472, item 1.

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 8543, 8543 89 and 8543 89 95.

The kit is excluded from heading 9018 as it is
not intended for use as an instrument or appli-
ance for use in medical science.

The kit is excluded from heading 9019 as it is
not used to treat diseases of muscles or as
massage apparatus.

The kit is excluded from heading 9506 as it is
not intended for physical exercise.

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 8704, 8704 22 and 8704 22 91.

The vehicle is designed essentially for the trans-
port of goods and not for hauling or pushing
other vehicles, appliances or loads. Therefore, it
does not fulfil the requirements of note 2 to
Chapter 87.

Furthermore, it cannot be regarded as a special
purpose motor vehicle of heading 8705.

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Official Journal of the European Union

L 196/21

Description of the goods

(1)

4. New,

four-wheeled motor vehicle, with a
combustion piston engine of a cylinder cap-
acity of 286 cm3, a gross weight of approxi-
mately 620 kg and approximate dimensions
of 263 cm (length) x 122 cm (width) x
122 cm (height). The vehicle load capacity is
approximately 364 kg. The dimensions of the
open load area are 96 cm x 115 cm. It has a
maximum speed of 24,1 km/h.

The vehicle has an open cabin and a bench
seat for two persons (including the driver). It
has a tilt cargo box with a flip down tailgate.

(See photograph B) (*).

5. Four-wheeled motor vehicle, driven by a
battery powered (48 volt) electric motor,
having a gross weight of approximately
620 kg
and approximate dimensions of
263 cm (length) x 122 cm (width) x 122 cm
(height). The vehicle load capacity is approxi-
mately 364 kg. The dimensions of the open
It has a
load area are 96 cm x 115 cm.
maximum speed of 24.1 km/h.

The vehicle has an open cabin and a bench
seat for 2 persons (including the driver). It
has a tilt cargo box with a flip-down tailgate.

(See photograph B) (*).

6. A set of

reduced size kitchen utensils
consisting of two spoons (17 cm long), one
spatula (17 cm long) and two scoops (8 and
11 cm long respectively), made of wood and
packaged in a plastic bag.

Classification
(CN-code)

(2)

8704 31 91

8704 90 00

9503 70 00

(*) The photograph(s)/illustration(s) is/are purely for information.

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 8704, 8704 31 and 8704 31 91.

The vehicle is designed essentially for the trans-
port of goods and not for hauling or pushing
other vehicles, appliances or loads. Therefore, it
does not fulfil the requirements of note 2 to
Chapter 87.

the

Furthermore
is not principally
vehicle
designed for the transport of persons (heading
8703) nor as a works truck for short distance
transport of goods (heading 8709).

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 8704 and 8704 90 00.

The vehicle is designed essentially for the trans-
port of goods and not for hauling or pushing
other vehicles, appliances or loads. Therefore, it
does not fulfil the requirements of note 2 to
Chapter 87.

the

Furthermore
is not principally
vehicle
designed for the transport of persons (heading
8703) nor as a works truck for short distance
transport of goods (heading 8709).

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 9503 and 9503 70 00.

The set is excluded from Chapter 44 by applica-
tion of note 1(p) to this chapter.

(A)

(B)