Commission Regulation (EC) No 1141/2008 of 13 November 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-11-13
Institutions: European Commission
Subjects: Combined Nomenclature, bearing, common customs tariff, merchandising

19.11.2008

EN

Official Journal of the European Union

L 308/9

COMMISSION REGULATION (EC) No 1141/2008

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,

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 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
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 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 308/10

EN

Official Journal of the European Union

19.11.2008

Description of the goods

(1)

Linear motion
slide
mechanism with two grooves and a rectangular
casing enclosing bearing balls.

system comprising

a

The casing moves along the grooves in the slide
mechanism by means of the bearing balls.

The linear motion system is used with different
kinds of machines, for example, goods handling
equipment, machine tools or DVD players.

ANNEX

Classification
(CN code)

(2)

8482 10 90

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of
the Combined
Nomenclature, Note 2(a) to Section XVI and by
the wording of CN codes 8482, 8482 10 and
8482 10 90.

it

cannot

kinds of machines

Since the linear motion system can be used with
be
different
considered as a part suitable for use solely or
principally with a particular kind of machine
within the meaning of Note 2(b) to Section XVI.
Classification of the system as a part of a machine
under a heading such as 8431, 8466 or 8522 is
therefore excluded.

The linear motion system is considered to be a
slide mechanism with bearing balls of the free-
travelling type of heading 8482 (see also the
Harmonised
to
heading 8482, (A), (3)).

System Explanatory Notes

As the linear motion system is a product specified
is to be classified in that
in heading 8482,
heading in accordance with Note 2(a) to Section
XVI.

it