Commission Regulation (EC) No 1156/2008 of 20 November 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-11-20
Institutions: European Commission
Subjects: Combined Nomenclature, lighting equipment

21.11.2008

EN

Official Journal of the European Union

L 310/9

COMMISSION REGULATION (EC) No 1156/2008

of 20 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 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 the Combined Nomenclature, but which is not in
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 Customs Code Committee has not issued an opinion
within the time limit set by its Chairman,

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, 20 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.

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Official Journal of the European Union

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Description of the goods

(1)

1. An apparatus for the recording, reproducing
and displaying of
(so-called
still
‘digital photo frame’), with overall dimensions
17 (L) × 12,9 (W) × 12,3 (D) cm, consisting of
the following main components in a single
housing:

images

— a colour display of the liquid crystal device
(LCD) type with a diagonal measurement
of the screen of 13 cm (5,1 inches) and
a resolution of 320 × 240 pixels,

— a slot

for a Subscriber Identity Module

(SIM) card,

— an infra-red interface,

— an internal memory, and

— control buttons.

The images are transferred to the internal
memory of the apparatus from a compatible
device (such as a mobile phone, automatic
data-processing machine or digital camera)
via an infra-red signal or with an SIM card
through Multimedia Messaging Service (MMS).

ANNEX

Classification
(CN code)

(2)

8528 59 90

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 3 to Section XVI and by
the wording of CN codes 8528, 8528 59 and
8528 59 90.

Since the apparatus is a composite machine in
accordance with Note 3 to Section XVI, it is to
that
be
component which performs its principal function.

consisting only of

classified as

if

Due to its capability of displaying images, the
principal function of the apparatus is considered
to be that of a monitor, which is an individual
function specified in heading 8528.

The fact that the signals are not displayed directly
from external sources does not exclude classifi­
cation under heading 8528 since monitors of
receiving a
that heading may be capable of
variety of
(see
sources
from different
also the Harmonised System Explanatory Notes
to heading 8528, third paragraph).

signals

Therefore, the apparatus is to be classified under
CN code 8528 59 90 as a colour monitor.

The images can also be transferred from the
apparatus
to a
compatible device.

infra-red signal

the

via

The apparatus supports JPEG and GIF formats
with a maximum resolution of 1 024 × 728
pixels.

The images can be displayed in either single
image or slideshow mode.

internal memory can store up to 50

Its
images.

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Official Journal of the European Union

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(1)

(2)

(3)

2. An apparatus for the recording, reproducing
and displaying of still and video images, as
well as for the recording and reproducing of
sound (so-called ‘digital picture frame’), with
overall dimensions 33 (W) × 24,1 (H) × 4,1
(D) cm, consisting of
the following main
components in a single housing:

— a colour display of the liquid crystal device
(LCD) type, with a diagonal measurement
of the screen of 25,4 cm (10 inches) and a
resolution of 800 × 480 pixels,

— an internal memory with a storage capacity

of 128 MB,

— memory card slots,

— built-in loudspeakers,

— two USB interfaces, and

— control buttons.

It supports the following formats:

— audio: MP3,

— still image: JPEG, GIF,

— video: MPEG1, MPEG4, MOV, AVI.

8528 59 90

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 3 to Section XVI and by
the wording of CN codes 8528, 8528 59 and
8528 59 90.

Since the apparatus is a composite machine in
accordance with Note 3 to Section XVI, it is to
be
that
component which performs its principal function.

consisting only of

classified as

if

concept of

the
Given the design and the
apparatus,
its purpose is to display still and
video images. Recording still and video images
is to be considered as a secondary function of
the apparatus. Therefore its principal function is
considered to be that of a monitor, which is an
individual function specified in heading 8528.

The fact that the signals are not displayed directly
from external sources does not exclude classifi­
cation under heading 8528 since monitors of
receiving a
that heading may be capable of
(see
sources
from different
variety of
also the Harmonised System Explanatory Notes
to heading 8528, third paragraph).

signals

Therefore, the apparatus is to be classified under
CN code 8528 59 90 as a colour monitor.

types of

Different
storage devices
memory card slots.

solid-state non-volatile
inserted into the

can be

The images may be displayed in single image,
slideshow or thumbnails mode.

can be

to a
The
apparatus
compatible apparatus,
for example, a digital
camera, a printer or an automatic data-
processing machine.

connected