20.2.1992 |
EN |
Official Journal of the European Communities |
L 44/9 |
COMMISSION REGULATION (EEC) No 396/92
of 18 February 1992
concerning the classification of certain goods in the combined nomenclature
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 2658/87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 3694/91 (2), and in particular Article 9,
Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;
Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;
Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2
This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 18 February 1992.
For the Commission
Christiane SCRIVENER
Member of the Commission
(1) OJ No L 256, 7. 9. 1987, p. 1.
(2) OJ No L 350, 19. 12. 1991, p. 17.
ANNEX
Description of goods |
Classification CN code |
Reasons |
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(1) |
(2) |
(3) |
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|
8517 81 90 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, as well as the texts of CN codes 8517, 8517 81 and 8517 81 90. |
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|
8517 82 00 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, as well as the texts of CN codes 8517 and 8517 82 00. |
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|
8704 10 19 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, as well as the texts of CN codes 8704, 8704 10 and 8704 10 19. By reasons of its design, in particular the presence of both a hopper and rubber tracks, and consequent place of use this vehicle cannot be considered to be covered by CN code 8709. |
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|
8704 31 91 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, as well as the texts of CN codes 8704, 8704 31 and 8704 31 91. By reason of its design, in particular the presence of both a tippable flatbed and rubber tracks, and consequent place of use this vehicle cannot be classified under heading 8709. The versatility and intricate construction of the tippable flatbed prevent this article being considered as a dumper covered by CN code 8704 10. |
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|
9017 10 90 |
Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, note 4 to Section XVI, note 5 (B) to Chapter 84 and note 3 to Chapter 90, as well as the texts of CN codes 9017, 9017 10 and 9017 10 90. This product cannot be classified under CN code 8471 because it performs a ‘specific function’ within the meaning of note 5 (B) to Chapter 84. |