Commission Regulation (EC) No 1578/2006 of 19 October 2006 concerning the classification of certain goods in the Combined Nomenclature
Date: 2006-10-19
Institutions: European Commission
Subjects: Combined Nomenclature, child protection, leisure, mobile phone

21.10.2006

EN

Official Journal of the European Union

L 291/3

COMMISSION REGULATION (EC) No 1578/2006

of 19 October 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 codes
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 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, 19 October 2006.

For the Commission

László KOVÁCS
Member of the Commission

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

last amended by
Commission Regulation (EC) No 996/2006 (OJ L 179, 1.7.2006,
p. 26).

(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 291/4

EN

Official Journal of the European Union

21.10.2006

ANNEX

Classification
(CN code)

(2)

8529 90 40

Description of the goods

(1)

1. Keypad membrane

(dimensions:

approxi-
mately 65 × 40 × 1 mm) made of polycar-
conductive
bonate, without
elements. The product has moulded keys
on one side and non-conductive contact
pins on the other side.

any electric

The product has printed keycaps constituting
an alpha/numeric keyboard, call buttons and
other features typical of mobile telephones.

2. A pair of inflatable plastic rings, each with

9506 29 00

two air chambers.

They are designed to be worn by children
around the arms in order to keep them
afloat in shallow water.

Their construction does not provide a level
of safety for rescue or security.

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 2 (b) to Section XVI and
the wording of CN Codes 8529, 8529 90 and
8529 90 40.

in particular
The construction of the keypad,
the shape, as well as
the
layout and the print of the keycaps lead to
classification of
the keypad under CN code
8529 90 40 as a part for use solely or prin-
cipally with apparatus of heading 8525.

the positioning,

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and by the wording of CN codes
9506 and 9506 29 00.

Because of its construction, the product does
not possess the level of safety required for a
security or rescue ring or a life jacket for life-
saving purposes (constituent material).

The product is more than a toy and is therefore
excluded from heading 9503.

Since the product is safe enough to hold a child
above the water it is classifiable under CN code
9506 29 00.