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21.2.2012 Official
Journal
of
the
European
Union
L
48/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 144/2012
of 16 February 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
specific provisions of the Union, with a view to the
application of tariff and other measures relating to
Having regard to the Treaty on the Functioning of the European
trade in goods.
Union,
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Having regard to Council Regulation (EEC) No 2658/87 of
column (1) of the table set out in the Annex should be
23 July 1987 on the tariff and statistical nomenclature and
classified under the CN code indicated in column (2), by
on the Common Customs Tariff
(
virtue of the reasons set out in column (3) of that table.

1 ), and in particular
Article 9(1)(a) thereof,
(4) The
Customs
Code
Committee
has
not
issued
an
opinion
within the time limit set by its Chairman,
Whereas:
HAS ADOPTED THIS REGULATION:
(1) In
order
to
ensure
uniform
application
of
the
Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
Article 1
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
The goods described in column (1) of the table set out in the
Regulation.
Annex shall be classified within the Combined Nomenclature
under the CN code indicated in column (2) of that table.
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general
Article 2
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
This Regulation shall enter into force on the twentieth day
which is wholly or partly based on it or which adds any
following that of its publication in the Official Journal of the
additional subdivision to it and which is established by
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 February 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.

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L 48/2
EN
Official Journal of the European Union
21.2.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
An apparatus in a single housing with 8528 71 15 Classification
is
determined
by
General
Rules
1,
dimensions of approximately 31 × 20 × 5 cm,
3(c) and 6 for the interpretation of the
comprising the following components:
Combined Nomenclature and by the wording
of CN codes 8528, 8528 71 and 8528 71 15.
— a microprocessor,
The apparatus is a composite machine capable of
— a dual DVB-S/DVB-T digital tuner,
performing the functions of both headings 8521
and 8528.
— a flash memory, and
Given its characteristics, neither function is
— a "smart card" reader for conditional access
considered to be the apparatus’ principal
to a service provider.
function within the meaning of Note 3 to
Section XVI.
The apparatus is equipped with the following
interfaces:
The apparatus is therefore to be classified under
the heading that occurs last in numerical order,
— a satellite RF input,
namely heading 8528.
— a terrestrial RF input,
Despite the presence of interchangeable hard
disks, a capability to reproduce content from
— a terrestrial RF output,
external media as well as a capability to record
the free channels received, the apparatus retains
— an Ethernet (RJ-45),
the essential character of a so-called "set-top box
which has a communication function".
— two USB,
It is therefore to be classified under CN code
— an HDMI,
8528 71 15 as a set-top box which has a
communication function.
— two SCART,
— two RCA for audio output,
— an S/PDIF (optical digital audio output), and
— a slot for a hard disk.
An interchangeable hard disk can be clipped in
after presentation. The hard disks can be retained
for viewing the files recorded at a later stage only
on this apparatus.
Upon presentation, the apparatus is capable of
receiving and decoding digital television signals
(both free channels and programmes from the
service provider). It is also capable of connecting
to the Internet via the Ethernet interface.
The apparatus is capable of receiving and
decoding audio/video files from an automatic
data - processing machine via a so-called
"home gateway".
The apparatus is capable of reproducing
audio/video files from external media (such as a
hard disk or a USB memory) via a USB interface.
The apparatus is capable of recording and
reproducing the digital television signals received.

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Document Outline

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