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Document 32013R0273
Commission Implementing Regulation (EU) No 273/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature
Commission Implementing Regulation (EU) No 273/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature
Commission Implementing Regulation (EU) No 273/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature
IO L 84, 23.3.2013, p. 1–4
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(HR)
In force
23.3.2013 |
EN |
Official Journal of the European Union |
L 84/1 |
COMMISSION IMPLEMENTING REGULATION (EU) No 273/2013
of 19 March 2013
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 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) |
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 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 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 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 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 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, 19 March 2013.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
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(1) |
(2) |
(3) |
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|
8423 10 90 |
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8423 , 8423 10 and 8423 10 90 . The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character. Due to its objective characteristics, namely the measurement system with 2 electrodes only, it is considered that the component performing the weighing gives the apparatus its essential character. The apparatus is therefore to be classified under CN code 8423 10 90 as a personal weighing machine. |
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|
9031 80 38 |
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9031 , 9031 80 and 9031 80 38 . Classification under heading 9018 as a medical instrument or appliance is excluded as the apparatus is not generally used in professional practice (see first paragraph of the HS Explanatory Notes to heading 9018 ). The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character. Due to its objective characteristics, namely the measurement technology used, it is to be considered that the component performing the measurement gives the apparatus its essential character. The apparatus is therefore to be classified under CN code 9031 80 38 as other electronic measuring instruments. |
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|
9031 80 38 |
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9031 , 9031 80 and 9031 80 38 . Classification under heading 9018 as a medical instrument or appliance is excluded as the apparatus is not generally used in professional practice (see first paragraph of the HS Explanatory Notes to heading 9018 ). The apparatus is a composite article consisting of components classified under Chapter 84 and Chapter 90. By virtue of General Rule 3(b) it is to be classified as if it consisted of the component which gives the article its essential character. Due to its objective characteristics, namely the measurement technology used, it is to be considered that the component performing the measurement gives the apparatus its essential character. The apparatus is therefore to be classified under CN code 9031 80 38 as other electronic measuring instruments. |