Commission Regulation (EC) No 614/2004 of 30 March 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-03-30
Institutions: European Commission
Subjects: Combined Nomenclature, data transmission, electronic device, transmission network

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COMMISSION REGULATION (EC) No 614/2004

of 30 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:

(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 code indicated in column 2, by
virtue of the reasons set out in column 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 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)

(6)

The Customs Code Committee has not delivered an
opinion within the time limit set by its chairman as
regards product No 2 in the annexed table.

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee as regards products Nos 1, 3, 4, 5, 6 and 7
in the annexed table,

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 code 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
pursuant to Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

into force on the 20th day
This Regulation shall enter
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, 30 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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Description

(1)

1. Network controller

in a housing with dimensions of
355 × 285 × 115 mm, a liquid crystal display (4 lines × 20
characters) and a keyboard with four control buttons.

The apparatus is microprocessor based and also contains
parameter memory, program memory and a disk drive. It
has a transceiver plug-in facility.

The apparatus has up to eight multifunction interfaces for
configuration and network-connection.

ANNEX

Classification
(CN code)

(2)

8471 80 00

Reasons

(3)

Classification is determined by general rules 1 and 6 for the
interpretation of
the Combined Nomenclature, note 3 to
section XVI and by the wording of CN codes 8471 and
8471 80 00.

The function as a connection unit in relation to the memory
function is the principal function that characterises the whole.

The apparatus processes signals and reformats data for
transmission
data-processing
an
machine and a radio transceiver on a wired network.

automatic

between

2. Network controller with built-in radio transceiver unit, in a
housing with dimensions of 355 × 285 × 115 mm, a liquid
crystal display (4 lines × 20 characters) and a keyboard
with four control buttons.

8471 80 00

The apparatus is microprocessor based and also contains
parameter memory, program memory and a disk drive.

The radio transceiver unit consists of a high-frequency
component (HF component) with antenna, filter, amplifier,
oscillator and frequency synthesiser. This unit transmits
within a frequency range of 403 to 512 MHz to up to 20
programmable channels within a range of 400 m.

The apparatus has up to eight multifunction interfaces for
configuration and network-connection.

Classification is determined by general rules 1 and 6 for the
interpretation of
the Combined Nomenclature, note 3 to
section XVI, and by the wording of CN codes 8471 and
8471 80 00.

The function as a connection unit in relation to the memory
function is the principal function that characterises the whole.

The apparatus processes signals and reformats data for
transmission
data-processing
an
machine and a radio transceiver on a wired network.

automatic

between

3. Radio-link controller in a housing with dimensions of
and an

selecting buttons

eight

279 × 224 × 89 mm,
antenna.

The apparatus consists of a microprocessor, program
memory and a radio transceiver.

The radio transceiver transmits and receives data on up to
eight channels within a frequency range of 403 to
512 MHz within a range of 400 m.

The device has an interface, which enables it to receive
to the
data from wireless
network via a network controller. It is also connected to an
automatic data-processing machine.

terminals, and forwards it

8525 20 99

Classification is determined by general rules 1 and 6 for the
the Combined Nomenclature, note 3 to
interpretation of
section XVI, and by the wording of CN codes 8525, 8525 20
and 8525 20 99.

Radio transmission/reception is the principal
characterises the whole.

function that

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Description

(1)

Classification
(CN code)

(2)

Reasons

(3)

4. Wireless gateway in a housing with dimensions of

8525 20 99

292 × 292 × 70 mm with an antenna.

The apparatus consists of a microprocessor, program
memories and a radio transceiver.

This radio transceiver transmits and receives data on up to
eight channels within a frequency range of 403 to
512 MHz within a range of 400 m.

The device has an interface, which enables it to receive
data from wireless terminals, and forwards it directly to the
network. It is also connected to an automatic data-proces-
sing machine.

Classification is determined by general rules 1 and 6 for the
interpretation of
the Combined Nomenclature, note 3 to
section XVI, and by the wording of CN codes 8525, 8525 20
and 8525 20 99.

Radio transmission/reception is the principal
characterises the whole.

function that

5. A hand-held device consisting of a microprocessor, a liquid
crystal display, a keyboard with data input and control
keys, a radio transceiver and an interface for a bar code
reader.

The data is input manually into the device. Its function is
to exchange data with an automatic data-processing
machine via a wireless gateway or a network controller.

8525 20 99

Classification is determined by general rules 1 and 6 for the
interpretation of
the Combined Nomenclature, note 3 to
section XVI, and by the wording of CN codes 8525, 8525 20
and 8525 20 99.

Radio transmission/reception is the principal
characterises the whole.

function that

6. A hand-held device consisting of a microprocessor, a liquid
crystal display, a keyboard with data input and control
keys, a radio transceiver and a bar code reader.

8525 20 99

The data is input into the device either manually or via the
bar code reader. Its function is to exchange data with an
automatic data processing machine via a wireless gateway
or a network controller.

Classification is determined by general rules 1 and 6 for the
the Combined Nomenclature, note 3 to
interpretation of
section XVI, and by the wording of CN codes 8525, 8525 20
and 8525 20 99.

Radio transmission/reception is the principal
characterises the whole.

function that

Classification is determined by general rules 1 and 6 for the
the Combined Nomenclature and by the
interpretation of
wording of the relevant CN codes.

The individual interconnected components of the system do
not perform any precisely defined function within the
meaning of note 4 to section XVI.

7. Goods management system for dissemination of instruc-
tions to staff e.g. in warehouses, and transfer of data from
packaging to automatic data-processing machines both by
radio transmission within a range of 400 m and by wire.

The system consists of:

— a network controller

— a radio-link controller

— a wireless gateway

— a hand-held terminal

8471 80 00

8525 20 99

8525 20 99

8525 20 99

— a hand-held terminal with bar code reader

8525 20 99

to the radio-link controller or

The data is sent by radio from the hand-held terminals
either
to the wireless
gateway and transferred from there by wire via the
network controller to automatic data-processing machines
(not components of the system).

The components of the system are put together in varying
compositions.

(See the illustration) (*)

(*) The illustration is purely for information.

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