Commission Regulation (EC) No 1172/2008 of 25 November 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-11-25
Institutions: European Commission
Subjects: Combined Nomenclature, customs tariff, lighting equipment

L 317/4

EN

Official Journal of the European Union

27.11.2008

COMMISSION REGULATION (EC) No 1172/2008

of 25 November 2008

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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.

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)

(6)

The Customs Code Committee has not delivered an
opinion within the time limit set by its chairman as
regards product No 1 in the annexed table.

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee as regards product No 2 in the annexed 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 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

(4)

is appropriate to provide that binding tariff

infor­
It
mation which has been issued by the customs authorities

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, 25 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.

27.11.2008

EN

Official Journal of the European Union

L 317/5

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
if
classified as
be
component which
principal
function. Given the design and concept of the
apparatus, its purpose is to display video.

consisting only of
performs

its

In view of the size of the screen, which facilitates
viewing of video sequences for longer periods,
the principal function of the apparatus is that
of displaying video.

The apparatus is therefore to be classified under
CN code 8528 59 90 as a colour monitor.

8528 72 20

and 6 for

Classification is determined by General Rules 1,
3(b)
the
Combined Nomenclature and by the wording
of CN codes 8528, 8528 72 and 8528 72 20.

interpretation of

the

Due to the presence of a TV tuner, the essential
character of the product is that of a reception
apparatus
television with screen incor­
porating a radio-broadcast receiver and a video
reproducing apparatus.

for

The possible use of the apparatus as a game
machine is secondary and is therefore not to
be considered as an essential character of the
apparatus.

The apparatus is therefore to be classified under
CN code 8528 72 20 as a reception apparatus
for
television incorporating a radio-broadcast
receiver and a video reproducing apparatus.

Description of the goods

(1)

1. A battery-operated apparatus consisting of a
laser reading system for video reproducing
(so-called ‘portable
and a colour monitor
DVD player’). Its overall dimensions are 19
(L) × 14,2 (W) × 3,7 (H) cm and the weight
is 800 grams.

The monitor is of the liquid crystal device
(LCD) type with a diagonal measurement of
the screen of 21,6 cm (8,5 inches). The
apparatus can be folded and its monitor
rotated.

The apparatus is equipped with built-in loud­
speakers.

It has the following interfaces:
— memory card expansion slots,
— a USB port,
— composite video in and out, and
— headphone jacks.

It can read optical media (for example, CD,
DVD) and semiconductor media (for example,
USB flash memory)
in various audio and
video formats.

2. A ‘laptop style’ battery-operated apparatus
consisting of a laser
reading system for
video reproducing and a colour monitor
with a TV tuner (so-called ‘portable DVD
player’). Its overall dimensions are 19,5 (L) ×
14,9 (W) × 3,1 (H) cm and the weight is 800
grams.

The monitor is of the liquid crystal device
(LCD) type with a diagonal measurement of
the screen of 17,8 cm (7 inches) and it can be
folded.

The product is equipped with:
— built-in loudspeakers, and
— DVB-T

(Digital

Video

Broadcasting

Terrestrial) and analogue video tuner.

It has the following interfaces:
— memory card expansion slots,
— a USB port,
— composite video in and out, and
— headphone jacks.

It can read optical media (for example, CD,
DVD) and semiconductor media (for example,
USB flash memory)
in various audio and
video formats.

It can also be used as a digital radio-broadcast
receiver or as a video game player.