Commission Regulation (EC) No 2147/2004 of 16 December 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-12-16
Institutions: European Commission
Subjects: Combined Nomenclature, commercial vehicle, television, wire

17.12.2004

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COMMISSION REGULATION (EC) No 2147/2004

of 16 December 2004

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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 classi-
fication of the goods referred to in the Annex to this
Regulation.

of

for

the

the

interpretation

Regulation (EEC) No 2658/87 has laid down the general
rules
Combined
Nomenclature. 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
tariff and other measures
view to the application of
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.

is appropriate to provide that binding tariff

It
infor-
mation 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
for a period of
accordance with this Regulation can,
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 Regulation,
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 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

Done at Brussels, 16 December 2004.

For the Commission

László KOVÁCS
Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as

(EC) No 1989/2004 (OJ

last amended by
L 344,

Commission Regulation
20.11.2004, p. 5).

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

2003 Act of Accession.

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ANNEX

Classification
(CN code)

(2)

7605 11 00

Description

(1)

1. Unalloyed aluminium wire with an aluminium
content of 99,5 %, of a diameter of between 9
and 14 mm and a length per wire of 500 to
600 m, put up in rolls with a width of about
1,5 m and a weight of 1,5 tonnes.

The aluminium wire rolls have been partly
damaged and deformed.

(See photograph A) (*)

Reasons

(3)

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 1(c)
to
Chapter 76 and by the wording of CN codes
7605 and 7605 11 00.

Classification under heading 7602 is excluded, as
the conditions of Note 8(a) to Section XV are not
met.

The degree of damage and deformation of the
aluminium wire rolls does not alter the nature
of
that of aluminium
wire, given that large portions of the rolls still
meet the definition in Note 1(c) to Chapter 76.

the product, which is

2. Unalloyed aluminium wire with an aluminium
content of 99,5 %, of a diameter of between 9
and 14 mm and a length per wire of 500 to
600 m, put up in rolls with a width of about
1,5 m and a weight of 1,5 tonnes.

7605 11 00

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 1(c)
to
Chapter 76 and by the wording of CN codes
7605 and 7605 11 00.

The aluminium wire rolls have been partly
damaged and deformed before being cut,
from each side of the roll opening, by means
of hydraulic alligator shears.

The product consists of
aluminium wire.

large portions of

(See photograph B) (*)

3. A 42″ plasma panel with a screen aspect ratio
of 16:9 and a 852 × 480 pixel configuration.

8529 90 81

The product
is composed of an aluminium
frame, containing a layer of plasma cells
between two glass
substrates, as well as
address and display electrodes.

The product is equipped with ribbon cables
but does not incorporate any other electronic
components (for example, a power supply or
drivers), or interfaces for connection to other
apparatus.

The product is to be used as a component in
the manufacture of video monitors.

(See photograph C) (*)

Note 8 (a) to Section XV does not apply because
rolls are not definitely
the aluminium wire
unusable as aluminium wire;
therefore classifi-
cation under heading 7602 is excluded.

As large portions of the rolls meet the definition
for aluminium wire in Note 1(c) to Chapter 76,
the products remain classifiable under CN code
7605 11 00.

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 2(b)
to
Section XVI and by the wording of CN codes
8529, 8529 90 and 8529 90 81.

The product cannot be classified as an unfinished
product by virtue of General Rule 2(a) for the
the Combined Nomenclature
interpretation of
because
is only equipped with
ribbon cables.

the product

The product is not classifiable in heading 8473 as
a part of a display unit of an automatic data
processing machine or in heading 8531 as a
part of an indicator panel, because it
is not
suitable for use solely or principally with an
automatic data processing machine of heading
8471 or with an indicator panel of heading
8531.

In view of its dimensions and characteristics, the
product is classifiable under heading 8529 being
a part of a video monitor of heading 8528.

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(1)

(2)

(3)

4. A 42″ colour plasma monitor with a screen
aspect ratio of 16:9 and a 1 024 × 768 pixel
configuration.

8528 21 90

The product is fitted with a slot-in board with
the following interfaces:

— an RGB input,

— a serial RS-232C interface,

— an audio input;

— a slot for a second slot-in board.

The slot, for the second slot-in type interface,
provides a connection to a variety of optional
terminal boards with a wide range of input
sources,
for example, composite video, S-
video and component video signals.

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 8528, 8528 21 and 8528 21 90.

Classification under heading 8471 is excluded as
the product is not of a kind solely or principally
used in an automatic data processing system (see
Note 5 B(a) to Chapter 84 and the HS Expla-
natory Notes to heading 8471 (I) (D)).

The product is not classifiable as a product under
to
heading 8531, because its function is not
provide visual indication for signalling purposes
(see the HS Explanatory Notes to heading 8531
(D)).

The product is a video monitor of heading 8528,
because it is designed to be able to reproduce, on
the screen, a wide range of video signals.

8704 21 91

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 21 and 8704 21 91.

The vehicle is not essentially designed for hauling
or pushing another vehicle, appliance or load and
therefore does not fulfil the requirements of Note
2 to Chapter 87.

It is not principally designed for the transport of
persons.

It is not a dumper truck (see the HS Explanatory
Notes to subheading 8704 10).

Due to its construction (for example,
hydraulics),
transport of goods.

is principally designed for

it

tilting
the

internal

5. A new four-wheeled vehicle with a 954 cm3
combustion
compression-ignition
piston engine, a gross vehicle weight of
approximately 1 800 kg (a vehicle weight of
720 kg and a load capacity of 1 080 kg) and
approximate
2,9 m
dimensions
(length) × 1,6 m (width).

of

The vehicle is equipped with two seats, one of
which is for the driver.

seats,

is an area with
there
Behind the
approximate dimensions of 1,2 m (length)
is fitted with tilting
It
and 1,4 m (width).
hydraulics.
for
designed
area
mounting a rear box, mechanical appliances
or similar equipment.

This

is

The area with seats is smaller than the area
behind the seats.

The vehicle is not fitted with the rear box or
any other accessory when presented.

(See photograph D) (*)

(*) The photographs are purely for information

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(A)

(B)

(C)

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(D)