Commission Implementing Regulation (EU) 2018/2041 of 17 December 2018 concerning the classification of certain goods in the Combined Nomenclature
Date: 2018-12-17
Institutions: Directorate-General for Taxation and Customs Union, European Commission
Subjects: Combined Nomenclature, electrical equipment, specification of tariff heading




L_2018327EN.01005001.xml










21.12.2018   


EN


Official Journal of the European Union


L 327/50








            COMMISSION IMPLEMENTING REGULATION (EU) 2018/2041
of 17 December 2018
         
concerning the classification of certain goods in the Combined Nomenclature


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,

Whereas:







(1)


In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.












(2)


Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. 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 provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.












(3)


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.












(4)


It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.












(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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.


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, 17 December 2018.


For the Commission,


On behalf of the President,

Stephen QUEST
            

Director-General


Directorate-General for Taxation and Customs Union






(1)  
            OJ L 269, 10.10.2013, p. 1.

(2)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).




ANNEX







Description of the goods


Classification
(CN-code)


Reasons




(1)


(2)


(3)




Cable connectors (‘male or female type’) for a voltage not exceeding 1 000  V, made of copper.
The article has either a plug (so-called male type connector) or a socket (so-called female type connector) on one side and on the other side a contact device in the form of a clip shielded with a layer of insulating material.
The article is used to connect wires or cables other than coaxial cables.
The article makes the connection by plugging the ‘male connector’ into the ‘female connector’ without using any tools.
See the image (*1)



8536 69 90 


Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8536 , 8536 69  and 8536 69 90 .
The article presents the objective characteristics of a plug (‘male type connector’) or a socket (‘female type connector’) fitted with another contact device (see also Harmonized System Explanatory Notes to heading 8536  group (III) letter (A), point (1), and also Explanatory Notes to the Combined Nomenclature to subheadings 8536 69 10  to 8536 69 90 ). Therefore its classification as other connections and contact elements for wire and cables under subheading 8536 90 10  is excluded.
Consequently, it is to be classified under CN code 8536 69 90  as other plugs and sockets.









(*1)  The image is purely for information.