Request for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 9 September 2013 — Sysmex Europe GmbH v Hauptzollamt Hamburg-Hafen

(Case C-480/13)

2013/C 352/04

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Sysmex Europe GmbH

Defendant: Hauptzollamt Hamburg-Hafen

Question referred

Should a product have been classified, in 2005, under heading 3212 of the Combined Nomenclature (1) as a dye or colouring matter where it is composed of solvents and of a polymethine substance which can have a certain colouring effect — which, on textiles at least, is not permanent — but which, in the case of the product to be classified, serves to obtain information on particles (white blood cells) contained in a test solution (pre-treated blood) by means of a process in which, through the deposition of ions in defined components of the particles (nucleic acids), the substance forms molecular structures which, when exposed to laser light on a certain wavelength, become fluorochromatic for a limited period and this state and its extent are measured with the aid of a special photoelectric cell?

(1)  The Combined Nomenclature in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1), as amended by Commission Regulation (EC) No 1810/2004 of 7 September 2004 amending Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 2004 L 327, p. 1).