Commission Regulation (EC) No 384/2004 of 1 March 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-03-01
Institutions: European Commission
Subjects: CCT duties, Combined Nomenclature

2.3.2004

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 384/2004

of 1 March 2004

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), and in particular Article 9(1)(a)
thereof,

Whereas:

the Combined Nomenclature but which is not in accord-
ance 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 (2).

(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 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 Nomen-
clature. Those rules apply also to any other nomen-
clature which is wholly or partly based on it or which
adds any additional subdivision to it and which is estab-
lished by specific Community provisions, with a view to
the application of tariff and other measures relating to
trade in goods.

Pursuant to those general rules, the goods described in
column 1 of the table set out in the Annex should 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 table set out in the
Annex shall be classified within the Combined Nomenclature
under the CN codes indicated in column 2.

Article 2

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

Article 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

This Regulation shall enter into force on the twentieth day
following that of 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 March 2004.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1, Regulation as last amended by Commis-
sion Regulation (EC) No 2344/2003 (OJ L 346, 31.12.2003, p. 38).

(2) OJ L 302, 19.10.1992, p. 1, Regulation as last amended by the Act

of Accession of 2003.

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Official Journal of the European Union

2.3.2004

ANNEX

Classification
(CN code)

(2)

6909 19 00

Reasons

(3)

Classification is determined by General Rules 1,
2(a), 3(b) and 6 for the interpretation of
the
Combined Nomenclature, and by the wording of
CN codes 6909 and 6909 19 00.

The connector is not considered to be a part or
an accessory of an optical fibre cable.

The connector is to be classified according to the
constituent material.
is
conferred by the ferrule.

Its essential character

Description of the goods

(1)

1. A connector for an optical fibre cable, unas-
sembled, consisting of the following compo-
nents:

— one connector part of base metal with a
plastic interior and a ceramic ferrule,
provided with a steel spring;

— one tube of base metal with a shaped

edge;

— one plastic cylinder with a crimp-sleeve of

aluminium;

— two plastic holders.

The connector part can be assembled with the
other parts and one of the holders to form a
connector.

One individually sheathed optical
passed through the ferrule and secured to it.

fibre is

The connector will be used as a connecting
element for optical fibre cables.

2. Apparatus consisting of:

8414 59 30

— an axial fan with an electrical motor and
an electronic assembly for adjusting the
speed of the fan; and

— an aluminium heat sink.

The function of the apparatus is to remove
the excess heat of a central processing unit of
an automatic data processing machine.

3. An article (snowshoe) measuring 65 cm in
length and 23 cm at its widest consisting of
an aluminium frame with a plastic covering,
tapered at one end and rounded at the other.
This frame has a plastic attachment 1 mm
thick which has cutouts for metal blades on
the underside to ensure better footing in the
snow. A rigid metal plate is secured to the
frame on the upper side by a plastic strap.
Rubber pieces are attached to the plate to go
round a shoe when worn and these in turn
have rubber/fabric straps to attach the article
to the shoe.

The article is used to assist walking on the
snow.

See photograph A (*)

9506 99 90

Classification is determined by the provisions of
General Rules 1, 3(b) and 6 for the interpretation
of
the Combined Nomenclature, and by the
wording of CN codes 8414, 8414 59 and
8414 59 30.

The fan gives the product its essential character.
It is the primary component for removing excess
heat.

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature,
the
wording of CN codes 9506, 9506 99 and
9506 99 90.

and

by

It is not snow-ski equipment as it is not used for
skiing.

It is not equipment for general physical exercise.

The product is considered to be an article for
outdoor sport.

4. A base metal wheel, with a diameter of
6,74 mm, a centre hole size of 3 mm and a
thickness of 3,54 mm, provided with teeth.

9613 90 00

The product is a component for incorporating
into the ignition mechanism of a cigarette
lighter.

See photographs B (*)

(*) The photographs are purely for information.

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature,
the
by
wording of CN codes 9613 and 9613 90 00.

and

The wheel is suitable for use principally in the
manufacture of spark devices for cigarette lighters
of heading 9613.

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A

B