Commission Regulation (EC) No 754/2004 of 21 April 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-04-21
Institutions: European Commission
Subjects: Combined Nomenclature, screen

L 118/32

EN

Official Journal of the European Union

23.4.2004

COMMISSION REGULATION (EC) No 754/2004

of 21 April 2004

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

Whereas:

(1)

(2)

(3)

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.

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)

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

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

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, 21 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.

23.4.2004

EN

Official Journal of the European Union

L 118/33

ANNEX

Classification
(CN code)

(2)

8528 21 90

8528 21 90

Description

(1)

1. A colour plasma-screen with a diagonal
measurement of
the screen of 106 cm
(overall dimensions 104(W) × 64,8 (H) ×
9,5 (D) cm) with a 852 × 480 pixel config-
uration.

The device has the following interfaces:
— an RGB connector,
— a DVI connector (digital visual interface),
— a control connector.

The RGB connector enables the device to
display data directly from an automatic
data-processing machine.

The DVI connector enables the device to
display signals from an automatic data-
processing machine or another source, such
as a DVD player or a video game player via
a tuner box.

2. A colour plasma-screen with a diagonal
measurement of
the screen of 106 cm
(overall dimensions 103(W) × 63,6 (H) ×
9,5 (D) cm) with a 1024 × 1024 pixel
configuration and detachable loudspeakers.

The device has the following interfaces:
— a DVI connector (digital visual interface),
— a control connector.

The DVI connector enables the device to
display signals from an automatic data-
processing machine or another source, such
as a DVD player or a video game player via
a tuner box.

Reasons

(3)

Classification is determined by General Rules
1 and 6 for
the
Combined Nomenclature, and by the wording
of CN codes 8528, 8528 21 and 8528 21 90.

interpretation of

the

Classification under subheading 8471 60 is
excluded as the monitor is not of a kind solely
or principally used in an automatic data-
processing system (see Note 5 to Chapter 84).

Likewise, the product is not classifiable under
heading 8531 because its function is not to
provide
signalling
indication
purposes (see the HSEN to heading 8531,
point D).

visual

for

Classification is determined by General Rules
1 and 6 for
the
Combined Nomenclature, and by the wording
of CN codes 8528, 8528 21 and 8528 21 90.

interpretation of

the

Classification under subheading 8471 60 is
excluded as the monitor is not of a kind solely
or principally used in an automatic data-
processing system (see Note 5 to Chapter 84).

Likewise, the product is not classifiable under
heading 8531 because its function is not to
provide
signalling
indication
purposes (see the HSEN to heading 8531,
point D).

visual

for