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1.4.2011 Official
Journal
of
the
European
Union L
86/55
COMMISSION REGULATION (EU) No 313/2011
of 30 March 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
(
lation (EEC) No 2913/92 of 12 October 1992 estab

1 ), and in particular
Article 9(1)(a) thereof,
lishing the Community Customs Code ( 2 ).
Whereas:
(5) The
measures
provided
for
in
this
Regulation
are
in
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,
it is necessary to adopt measures concerning the classifi
HAS ADOPTED THIS REGULATION:
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
specific provisions of the Union, with a view to the
Binding tariff information issued by the customs authorities of
application of tariff and other measures relating to
Member States, which is not in accordance with this Regulation,
trade in goods.
can continue to be invoked for a period of 3 months pursuant

to Article 12(6) of Regulation (EEC) No 2913/92.
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Article3
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, 30 March 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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L 86/56
EN
Official Journal of the European Union
1.4.2011
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A piece of furniture (so-called ‘television
9403 20 80 Classification
is
determined
by
General
Rules
stand’) with measurements of approximately
1, 3(b) and 6 for the interpretation of the
80 × 40 × 45 cm.
Combined Nomenclature and by the
wording of CN codes 9403, 9403 20 and
The product consists of a top and two shelves
9403 20 80.
made of clear tempered glass, and four cylin
drical legs of approximately 45 × 5 cm made
Tables and similar furniture made of different
of metal.
materials are classified according to the
material of which the support (legs and
The maximum weight load of the product is
frame) is made, unless, by application of
80 kg.
General Interpretative Rule 3(b), the material
The metal components and the glass
from which the top is made gives the table its
components comprise approximately 47 %
essential character, for example, by being of a
and 44 %, respectively, of the total value of
higher value (see also the CN Explanatory
the product.
Notes to heading 9403).
(*) See the image.
Classification under CN code 9403 89 00 as
furniture of other materials (glass) is therefore
excluded, as the glass top, being of less value
than the metal support, does not give the
product its essential character.
Consequently, the product is to be classified
according to the material of which the
support is made.
The product is therefore to be classified under
CN code 9403 20 80 as other metal furniture.
(*) The image is purely for information.

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