Commission Regulation (EC) No 652/2007 of 8 June 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-06-08
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, manufactured goods, technical specification, vessel

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 652/2007

of 8 June 2007

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:

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.

(1)

(2)

(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
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.

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 of that table.

Article 3

This Regulation shall enter into force on the twentieth day
following that of 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, 8 June 2007.

For the Commission

László KOVÁCS
Member of the Commission

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

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

(EC) No 580/2007 (OJ L 138, 30.5.2007, p. 1).

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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ANNEX

Classification
(CN code)

(2)

3926 90 97

6306 40 00

Description of the goods

(1)

1. A replica of a specific mobile phone (a so-

called ‘mock-up’).

The product is made mainly of plastics. It has
no electronic components.

Its size, design and weight are identical to the
characteristics of the specific model.

is equipped with buttons allowing the

It
feeling of pushing real buttons.

2. A so-called ‘self-inflatable mattress’

intended
for
following
use, with
dimensions: 185 cm (L), 66 cm (W) and
3,8 cm (H).

outdoor

the

The outer surface of the article consists of a
textile fabric of synthetic fibres coated on the
inner side with plastic. It incorporates a sheet
(thickness approximately 3,5 cm) of polyur-
ethane foam with open cells.

The outer surface of the article increases the
friction with other products (for example,
sleeping bags) and is durable, resisting dirt,
dampness and punctures.

It has a valve which allows air to go in when
being unrolled and out when being rolled.

3. Vessel of the ‘catamaran’ type designed for the

8901 10 90

transport of persons.

It has a length of approximately 49 meters
and a maximum speed of 34 knots (approxi-
can
mately 63 kilometers per hour).
transport up to 600 passengers.

It

It is designed to operate in rivers, estuaries or
coastal waters. However, it is constructed so
it may sail on the sea but without
that
passengers.

It is not constructed to carry passengers more
than 20 nautical miles (approximately 37
kilometers) from shore.

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
3926, 3926 90 and 3926 90 97.

Because of its construction and the fact that it
does not possess the functions of a mobile
phone,
is excluded from heading
8517.

the product

Although the product is a replica of a specific
mobile phone by looking like one and being
equipped with buttons providing the feel of a
it does not demonstrate any
mobile phone,
the model
other
in
question.
to show what a
specific mobile phone looks like. Therefore the
product is excluded from heading 9023.

feature or property of
Its main task is

The product is to be classified according to the
constituent material (plastics).

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
6306 and 6306 40 00.

Due to its objective characteristics (friction, dirt
it
resistance, durability) and the fact
is
is a
intended for outdoor use,
camping good.

that
the product

It
is excluded from Chapter 94 because the
article is a pneumatic mattress (see Note 1(a) to
Chapter 94).

The product is to be classified under subheading
6306 40 00 as
a
camping
pneumatic mattress of textile.

good being

a

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
8901, 8901 10 and 8901 10 90.

it

is not

The catamaran is a vessel designed for trans-
porting passengers in rivers, estuaries or coastal
waters. As
constructed to carry
passengers beyond a certain distance from the
it cannot be a vessel for the ‘transport
shore,
of persons’ on the
the
product cannot be considered as a ‘seagoing
vessel’ (see Additional Note 1 to Chapter 89).

sea. Consequently,

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(1)

(2)

(3)

4. A reduced-size (scale) model

replica of a
football stadium made mainly of plastics on
a fibreboard plinth.

9503 00 95

It has no movable components.

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
9503 00 and 9503 00 95.

The product is not to be classified under heading
9023 because it is not designed for demonstra-
tional purposes.

The product is not to be classified according to
its constituent material because it is a reduced-
size (scale) model for recreational purposes of
heading 9503. Such models may be non-
for display or
working or
viewing and need not be designed for playing.

intended only