Commission Regulation (EC) No 888/2006 of  16 June 2006  concerning the classification of certain goods in the Combined Nomenclature
Date: 2006-06-16
Institutions: European Commission
Subjects: Combined Nomenclature, electrical equipment

L 165/6

EN

Official Journal of the European Union

17.6.2006

COMMISSION REGULATION (EC) No 888/2006

of 16 June 2006

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
Regulation should be classified under
the CN code
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 the Combined Nomenclature but which is not
for a period
in accordance with this Regulation can,
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 code 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 20th 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, 16 June 2006.

For the Commission

László KOVÁCS
Member of the Commission

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

(EC) No 711/2006 (OJ L 124, 11.5.2006, 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).

17.6.2006

EN

Official Journal of the European Union

L 165/7

Description of the goods

Classification (CN code)

ANNEX

(2)

8543 89 97

(1)

A security device designed to gain access to
records stored on an automatic data-processing
(ADP) machine.

It consists of a liquid crystal display (LCD), a
printed circuit assembly and a battery encased
in a plastic case which can be put on a key-
ring.

The device generates a sequence of six digit
numbers, being specific to a particular user,
and allows the user access to the records
stored on an ADP machine.

The device cannot be connected to an ADP
machine and functions independently of such
a machine.

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and by the wording of CN codes
8543, 8543 89. and 8543 89 97.

The device is not classifiable under heading
8470 because it has no manual arrangements
for data input nor has it a calculating function
in the context of this heading (see HS Expla-
natory Notes to this heading).

it

is not

freely programmable

is not classifiable under heading 8471,
It
because
in
accordance with the requirements of the user
(see Note 5(A)(a)(2) to Chapter 84), nor is it a
unit of an automatic data-processing machine
is not connectable to the central
because it
processing unit
to Chapter
84).

(see Note 5(B)(b)

The device is classifiable under heading 8543
is an electrical apparatus with an
because it
individual
function not specified or included
elsewhere.