HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 113/6
EN
Official Journal of the European Union
3.5.2011
COMMISSION REGULATION (EU) No 428/2011
of 27 April 2011
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
Having regard to the Treaty on the Functioning of the European
authorities of Member States in respect of the classifi
Union,
cation of goods in the Combined Nomenclature but
which is not in accordance with this Regulation can,
Having regard to Council Regulation (EEC) No 2658/87 of
for a period of 3 months, continue to be invoked by
23 July 1987 on the tariff and statistical nomenclature and
the holder, pursuant to Article 12(6) of Council Regu
on the Common Customs Tariff
( 1 ), and in particular
lation (EEC) No 2913/92 of 12 October 1992 estab
Article 9(1)(a) thereof,
lishing the Community Customs Code ( 2 ).
Whereas:
(5) The
Customs
Code
Committee
has
not
issued
an
opinion
within the time limit set by its Chairman,
(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
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general Annex shall be classified within the Combined Nomenclature
rules for the interpretation of the Combined Nomen
under the CN code indicated in column (2) of that table.
clature. Those rules apply also to any other nomenclature
which is wholly or partly based on it or which adds any
Article 2
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 3 months pursuant
trade in goods.
to Article 12(6) of Regulation (EEC) No 2913/92.
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Article 3
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
This Regulation shall enter into force on the 20th day following
virtue of the reasons set out in column (3) of that table.
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, 27 April 2011.
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
3.5.2011 Official
Journal
of
the
European
Union L
113/7
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. A battery-powered apparatus in the form of a 8509 80 00 Classification is determined by General Rules 1
cylinder with dimensions of approximately
and 6 for the interpretation of the Combined
21 cm in height with a diameter of 9 cm and
Nomenclature, Note 3(b) to Chapter 85 and by
a weight of approximately 310 g (so-called
the wording of CN codes 8509 and 8509 80 00.
‘aerosol dispenser’) specifically designed to be
used together with an interchangeable aerosol
Given that the apparatus itself does not project,
can.
disperse or spray but merely activates the
spraying mechanism of the aerosol can, classifi
The apparatus comprises:
cation under heading 8424 is excluded.
— an electromechanical system for the acti
The apparatus is an electromechanical appliance
vation of the spraying mechanism of the
with a self-contained motor of heading 8509 of
aerosol can,
the kind commonly used for domestic purposes.
— a sensor and buttons for activation of the
It is therefore to be classified under CN code
electromechanical system, and
8509 80 00.
— a plastic housing with an aperture enabling
the dispersal of aerosol when the electro
mechanical system is activated.
The apparatus, when equipped with an aerosol
can, is capable of freshening air within a limited
space inside a building by dispersing portions
of fragrance, either when the sensor detects the
presence of a person, or at regular pre-set
intervals.
2. A set put up for retail sale consisting of:
8509 80 00 Classification
is
determined
by
General
Rules
1,
3(b) and 6 for the interpretation of the
— an electromechanical appliance (so-called
Combined Nomenclature, Note 3(b) to Chapter
‘aerosol dispenser’), and
85 and by the wording of CN codes 8509 and
8509 80 00.
— an interchangeable aerosol can.
The component that gives the set its essential
The ‘aerosol dispenser’ is a battery-powered
character is the aerosol dispenser because it is
apparatus in the form of a cylinder with
permanently used, whereas the aerosol can has
dimensions of approximately 21 cm in height
to be replaced when empty.
with a diameter of 9 cm and a weight of
approximately 310 g comprising:
Given that the apparatus itself does not project,
disperse or spray but merely activates the
— an electromechanical system for the acti
spraying mechanism of the aerosol can, classifi
vation of the spraying mechanism of the
cation under heading 8424 is excluded.
aerosol can,
The apparatus is an electromechanical appliance
— a sensor and buttons for activation of the
with a self-contained motor of heading 8509 of
electromechanical system, and
the kind commonly used for domestic purposes.
— a plastic housing with an aperture enabling
The set is therefore to be classified under CN code
the dispersal of aerosol when the electro
8509 80 00.
mechanical system is activated.
The aerosol can contains a prepared room
deodoriser, perfumed, of CN code 3307 49 00.
The ‘aerosol dispenser’, when equipped with an
aerosol can, is capable of freshening air within
a limited space inside a building by dispersing
portions of fragrance, either when the sensor
detects the presence of a person, or at regular
pre-set intervals.
The aerosol can is consumable goods which
can be replaced when empty by another
aerosol can of the same dimensions.

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