Commission Regulation (EC) No 2171/2005 of  23 December 2005  concerning the classification of certain goods in the Combined Nomenclature
Date: 2005-12-23
Institutions: European Commission
Subjects: Combined Nomenclature, classification, common customs tariff, free movement of goods, screen, television equipment

29.12.2005

EN

Official Journal of the European Union

L 346/7

COMMISSION REGULATION (EC) No 2171/2005

of 23 December 2005

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.

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.

Pursuant to those general rules, the goods described in
column 1 of the table set out in the Annex to this
the CN codes
Regulation should be classified under
indicated in column 2, by virtue of the reasons set out
in column 3 of that table.

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
in the Combined Nomenclature but which is not
accordance 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 of that table.

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 twentieth day
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, 23 December 2005.

For the Commission

László KOVÁCS
Member of the Commission

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

(EC) No 1719/2005 (OJ

last amended by
L 286,

Commission Regulation
28.10.2005, p. 1).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-
lation (EC) No 648/2005 of the European Parliament and of the
Council (OJ L 117, 4.5.2005, p. 13).

L 346/8

EN

Official Journal of the European Union

29.12.2005

ANNEX

Classification
(CN code)

(2)

8471 60 80

8528 21 90

Reasons

(3)

Classification is determined by General Rules 1 and 6 for the
interpretation of
to
Chapter 84 and by the wording of CN codes 8471, 8471 60
and 8471 60 80.

the Combined Nomenclature, Note 5(B)

The product is not classifiable under heading 8531 because its
function is not
signalling
purposes (see the HS Explanatory Notes to heading 8531,
point D).

to provide visual

indication for

The intended use of the monitor is that of accepting signals from
the central processing unit of an automatic data-processing
system.

The product is also capable of reproducing both video and sound
signals. Nevertheless, in view of its size and its limited capability
of receiving signals from a source other than an automatic
data-processing machine via a card without video processing
features,
it is considered to be of a kind solely or principally
used in an automatic data-processing system.

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature, Note 5(B) and
5(E) to Chapter 84 and by the wording of CN codes 8528,
8528 21 and 8528 21 90.

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 (B) to Chapter 84).

The product is not classifiable under heading 8531 because its
signalling
function is not
purposes (see the HS Explanatory Notes to heading 8531,
point D).

to provide visual

indication for

The intended use of the product is that of displaying video
signals for development of graphics or video film editing and
production in a CAD/CAM system or a video editing system (see
Note 5 (E) to Chapter 84).

8528 21 90

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature, Note 5 to Chapter
84 and by the wording of CN codes 8528, 8528 21 and
8528 21 90.

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),
but is capable of displaying signals from various sources.

The product is not classifiable under heading 8531 because its
function is not
signalling
purposes (see the HS Explanatory Notes to heading 8531,
point D).

to provide visual

indication for

Description of the goods

(1)

1. A colour monitor of the liquid crystal device (LCD) type with
a diagonal measurement of the screen of 38,1 cm (15″) and
overall dimensions of 34,5 (W) × 35,3 (H) × 16,5 (D) cm
(aspect ratio 5:4) with:
— a maximum resolution of 1 024 × 768 pixels at 75 Hz,
— a pixel size of 0,279 mm.

The product has a mini D-sub 15 pin interface only.

It is designed for working only in conjunction with a product
classifiable under heading 8471.

2. A colour monitor of the liquid crystal device (LCD) type with
a diagonal measurement of the screen of 50,8 cm (20″) with
overall dimensions of 47,1 (W) × 40,4 (H) × 17,4 (D) cm
(aspect ratio 16:10) with:
— a screen pixel density of 100 dpi,
— a pixel size of 0,25 mm,
— a maximum resolution of 1 680 × 1 050 pixels,
— a fixed band width of 120 MHz.

The product is designed for use in the development of sophis-
ticated graphics (CAD/CAM systems) and video film editing
and production.

The product is equipped with a DVI interface enabling the
product to display signals received from an automatic data-
processing machine via a graphic card capable of processing
video signals (for example for purposes of video film editing
and production).

The product can also display texts, spread sheets, presen-
tations and the like.

3. A colour monitor of the liquid crystal device (LCD) type with
a diagonal measurement of the screen of 54 cm (21″) and
overall dimensions of 46,7 (W) × 39,1 (H) × 20 (D) cm
(aspect ratio 4:3) with:
— a maximum resolution of 1 600 × 1 200 pixels at 60 Hz,
— a pixel size of 0,27 mm.

The product has the following interfaces:
— mini D-sub 15 pin,
— DVI-D,
— DVI-I,
— audio in and out.

The product can display signals received from various sources
such as a closed circuit television system, a DVD player, a
camcorder or an automatic data-processing machine.

29.12.2005

EN

Official Journal of the European Union

L 346/9

(1)

4. A colour monitor of the liquid crystal device (LCD) type with
a diagonal measurement of the screen of 76 cm (30″) and
overall dimensions of 71 (W) × 45 (H) × 11 (D) cm (aspect
ratio 15:9) with:
— a maximum resolution of 1 024 × 768 pixels,
— a pixel size of 0,50 mm.

(2)

8528 21 90

The product has the following interfaces:
— 15-pin mini DIN,
— BNC,
— 4-pin mini DIN,
— RS 232 C,
— DVI-D,
— Stereo and PC audio.

The product can display signals received from various sources
such as a closed circuit television system, a DVD player, a
camcorder or an automatic data-processing machine.

(3)

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature, Note 5 to Chapter
84 and by the wording of CN codes 8528, 8528 21 and
8528 21 90.

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),
but is capable of displaying signals from various sources.

The product is not classifiable under heading 8531 because its
function is not
signalling
purposes (see the HS Explanatory Notes to heading 8531,
point D).

to provide visual

indication for