Commission Regulation (EC) No 129/2005 of 20 January 2005 concerning the classification of certain goods in the Combined Nomenclature and amending Regulation (EC) No 955/98
Date: 2005-01-20
Institutions: European Commission
Subjects: Combined Nomenclature, audiovisual equipment, computer equipment, specification of tariff heading

28.1.2005

EN

Official Journal of the European Union

L 25/37

COMMISSION REGULATION (EC) No 129/2005

of 20 January 2005

concerning the classification of certain goods in the Combined Nomenclature and amending
Regulation (EC) No 955/98

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(5)

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:

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.

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 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 view to the appli-
cation of tariff and other measures relating to trade in
goods.

classification of

‘audio-frequency apparatus’

The
in
Commission Regulation (EC) No 955/98 of 29 April
1998 concerning the classification of certain goods in
the Combined Nomenclature (3) has led to classifications
of so-called ‘home cinema systems’ under CN code
8543 89 95. Since
in
accordance with the classification set out in the Annex
they have to be considered as
to this Regulation,
incorrect.

such classifications

are not

(6)

Regulation (EC) No 955/98 should therefore be amended
accordingly.

(7)

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.

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.

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.

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).

Article 3

Point 2 of the Annex to Regulation (EC) No 955/98 is deleted.

Article 4

(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).

This Regulation shall enter into force on the 20th day following
the European
that of
Union.

its publication in the Official

Journal of

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

of Accession of 2003.

(3) OJ L 133, 7.5.1998, p. 12.

(1)

(2)

(3)

(4)

L 25/38

EN

Official Journal of the European Union

28.1.2005

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

Done at Brussels, 20 January 2005.

For the Commission

László KOVÁCS
Member of the Commission

28.1.2005

EN

Official Journal of the European Union

L 25/39

ANNEX

Classification
(CN code)

(2)

Reasons

(3)

Description

(1)

1. A product put up in a set for retail sale,

8521 90 00

consisting of:
— a composite machine (an amplifier, AM/
FM radio-broadcast receiver and a DVD/
CD player),
— a subwoofer,
— five speakers, and
— a remote control.

(known as a ‘home cinema
The product
system’)
is designed to provide audio and
video entertainment in the home, mainly by
reproducing sound and images stored on a
DVD.

2. A product put up in a set for retail sale,

8521 90 00

consisting of:
— an AM/FM radio-broadcast receiver with

an amplifier,
— a DVD/CD player,
— a subwoofer,
— five speakers, and
— a remote control.

(known as a ‘home cinema
The product
system’)
is designed to provide audio and
video entertainment in the home, mainly by
reproducing sound and images stored on a
DVD.

Classification is determined by the provisions of
General Rules 1, 3(b) and 6 for the interpretation
of
the Combined Nomenclature, Note 3 to
Section XVI and by the wording of CN codes
8521 and 8521 90 00.

in
The product is a set put up for retail sale,
which the component giving the set its essential
character is the composite machine (GIR 3(b)).

for

Within the meaning of Note 3 to Section XVI, the
component which provides
the principal
function of the composite machine is the DVD/
CD player. The amplification of sound and the
reproduction of
are
considered to be secondary functions compared
with the video reproduction function.

radio-broadcast

signals

Consequently,
reproduction
8521 90 00.

the set
apparatus

is classifiable as video
code

under

CN

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 8521 and 8521 90 00.

The product is a set put up for retail sale,
in
which the component giving the set its essential
character is the DVD/CD player.

Consequently,
reproduction
8521 90 00.

the set
apparatus

is classifiable as video
code

under

CN

3. A network analyser, consisting of an analyser
module, a capture memory and an interface
to an automatic data processing (ADP)
machine, in a single housing.

9031 80 39

The analyser is designed to provide infor-
mation on the performance of networks by
monitoring network activity, decoding all
major protocols, and generating network
traffic.

The ADP machine is not presented with the
analyser.

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 5(E)
to
Chapter 84, Additional Note 1 to Chapter 90
and by
the wording of CN codes 9031,
9031 80 and 9031 80 39.

The analyser, performing a specific function by
means of the analyser module, is excluded from
heading 8471 by application of note 5(E)
to
Chapter 84.

The analyser is specifically designed for analysing
the traffic in a network and not for measuring or
checking electrical quantities, thus being excluded
from heading 9030.

L 25/40

EN

Official Journal of the European Union

28.1.2005

(1)

4. A network analyser consisting of a central
management bus, an analyser module, an
automatic
a
monitor and a keyboard, in a single housing.

processing machine,

data

is designed to perform the

The analyser
following functions:
— analysing the operational state of existing

networks and network products,

— simulating traffic and fault conditions
and network

into existing networks
products,

— generating network traffic.

(2)

9031 80 39

(3)

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 5(E)
to
Chapter 84, Additional Note 1 to Chapter 90
and by
the wording of CN codes 9031,
9031 80 and 9031 80 39.

The analyser, performing a specific function by
means of the analyser module, is excluded from
to
heading 8471 by application of Note 5(E)
Chapter 84.

The analyser is specifically designed for analysing
the traffic in a network and not for measuring or
checking electrical quantities, thus being excluded
from heading 9030.