Commission Regulation (EC) No 729/2004 of 15 April 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-04-15
Institutions: European Commission
Subjects: Combined Nomenclature, electric cable, footwear industry, information processing, manufactured goods

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 729/2004

of 15 April 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 20th 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, 15 April 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

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Description of the goods

(1)

ANNEX

Classification
(CN code)

(2)

Reasons

(3)

1. A connector

for an optical

fibre cable, unassembled,

6909 19 00

consisting of the following components:
— 1 connector part of base metal with a plastic interior
and a ceramic ferrule, provided with a steel spring;

— 1 tube of base metal with a shaped edge;
— 1 plastic cylinder with a crimp-sleeve of aluminium;
— 2 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 fibre is passed through
the ferrule and secured to it.

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) (*)

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. Its essential character is conferred by the ferrule.

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

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

It is the

9506 99 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 9506, 9506 99 and
9506 99 90.

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

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 9613 and 9613 90 00.

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

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

See photographs (B) (*)

(*) The photographs are purely for information.

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(A)

(B)