Commission Regulation (EC) No 1142/2008 of 13 November 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-11-13
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, electrical process

19.11.2008

EN

Official Journal of the European Union

L 308/11

COMMISSION REGULATION (EC) No 1142/2008

of 13 November 2008

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,

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).

Whereas:

(5)

The Customs Code Committee has not issued an opinion
within the time limit set by its Chairman,

(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 should be
classified under the CN code indicated in column 2, by
virtue of the reasons set out in column 3 of that table.

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, 13 November 2008.

For the Commission

László KOVÁCS
Member of the Commission

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

(2) OJ L 302, 19.10.1992, p. 1.

L 308/12

EN

Official Journal of the European Union

19.11.2008

Description of the goods

(1)

A cable, approximately 250 cm in length, of a
kind used solely with a video game machine of
heading 9504.

The cable is fitted with one specifically designed
connector for the video game machine at one end
and five connectors for connection to a monitor
or a television set at the other end.

Data can be transferred from the video game
machine to the monitor or the television set via
the cable and the data may, depending on the
content, be visualised as a video game, video or
still image or reproduced as sound.

ANNEX

Classification
(CN code)

(2)

8544 42 90

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and by the wording of CN code
8544, 8544 42 and 8544 42 90.

Classification under heading 9504 as an accessory
of a video game machine is excluded, as heading
specific description
8544 provides
referring to cables and other electric conductors.

the most

The product is therefore to be classified under CN
code 8544 42 90 as an electric conductor fitted
with connectors.