HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 200/4
EN
Official Journal of the European Union
25.7.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 705/2013
of 23 July 2013
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
(4) It
is
appropriate
to
provide
that
binding
tariff
information which has been issued by the customs auth
Having regard to the Treaty on the Functioning of the European
orities of Member States in respect of the classification of
Union,
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,
Having regard to Council Regulation (EEC) No 2658/87 of
under Article 12(6) of Council Regulation (EEC) No
23 July 1987 on the tariff and statistical nomenclature and
2913/92 of 12 October 1992 establishing the
on the Common Customs Tariff
( 1 ), and in particular
Community Customs Code ( 2 ).
Article 9(1)(a) thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Customs Code
Committee,
(1) In
order
to
ensure
uniform
application
of
the
Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
HAS ADOPTED THIS REGULATION:
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
Article 1
Regulation.
The goods described in column (1) of the table set out in the
Annex shall be classified within the Combined Nomenclature
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general under the CN code indicated in column (2) of that table.
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
Article 2
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Binding tariff information issued by the customs authorities of
specific provisions of the Union, with a view to the
Member States, which is not in accordance with this Regulation,
application of tariff and other measures relating to
can continue to be invoked for a period of three months under
trade in goods.
Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
(3) Pursuant
to
those
general
rules,
the
goods
described
in
column (1) of the table set out in the Annex should be
This Regulation shall enter into force on the twentieth day
classified under the CN code indicated in column (2), by
following that of its publication in the Official Journal of the
virtue of the reasons set out in column (3) of that table.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2013.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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EN
25.7.2013 Official
Journal
of
the
European
Union L
200/5
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A handheld device (so-called “Aircraft passenger
8537 10 99
Classification is determined by General Rules 1
handset”) comprising a control unit incor
and 6 for the interpretation of the Combined
porating a microphone and a loudspeaker,
Nomenclature, Note 3 to Section XVI and by
various buttons on the front and back, a
the wording of CN codes 8537, 8537 10 and
display, a magnetic card-reader and a
8537 10 99.
connection socket, for a voltage not exceeding
1 000 V, with dimensions of approximately
The device cannot connect directly to a
16 × 4 × 2,5 cm.
communication network. Consequently, classifi
cation under heading 8517 as a telephone set
The device is designed to be installed into the
or other apparatus for the transmission or
passenger seat of an aircraft for performing the
reception of voice, images or other data is
following functions:
excluded.
— acting as a switch and control device for
The device is a composite machine consisting
various external devices, for example,
of machines classified under different headings
audio/video equipment, game consoles or
of Section XVI. By virtue of Note 3 to Section
other on-board services,
XVI and due to its objective characteristics, the
component performing the electric control
— making telephone calls through the public
function is considered the machine’s principal
on-board communication network as it
function, as it is principally used for selecting
converts audio-frequency pulses into sound
and controlling various external devices.
waves and vice versa,
Consequently, classification under heading
8471 as a card reader or under heading 8518
— reading data from swipe cards.
as a microphone and a loudspeaker is excluded.
The device cannot connect directly to a
The article is therefore to be classified under
communication network.
CN code 8537 10 99 as other boards, panels,
consoles, desks, cabinets and other bases for
electric control for a voltage not exceeding
1 000 V.

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Document Outline

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