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7.9.2013 Official
Journal
of
the
European
Union L
240/17
COMMISSION IMPLEMENTING REGULATION (EU) No 863/2013
of 5 September 2013
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
orities of Member States in respect of the classification of
goods in the Combined Nomenclature but which is not
Having regard to the Treaty on the Functioning of the European
in accordance with this Regulation can, for a period of
Union,
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
(1) In
order
to
ensure
uniform
application
of
the
Combined
Committee,
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
Regulation.
Article 1
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general The goods described in column (1) of the table set out in the
rules for the interpretation of the Combined Nomen
Annex shall be classified within the Combined Nomenclature
clature. Those rules apply also to any other nomenclature
under the CN code indicated in column (2) of that table.
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Article 2
specific provisions of the Union, with a view to the
application of tariff and other measures relating to
Binding tariff information issued by the customs authorities of
trade in goods.
Member States, which is not in accordance with this Regulation,

can continue to be invoked for a period of three months under
(3) Pursuant
to
those
general
rules,
the
goods
described
in Article 12(6) of Regulation (EEC) No 2913/92.
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
Article 3
virtue of the reasons set out in column (3) of that table.
This Regulation shall enter into force on the twentieth day
(4) It
is
appropriate
to
provide
that
binding
tariff following that of its publication in the Official Journal of the
information which has been issued by the customs auth
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 September 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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L 240/18
EN
Official Journal of the European Union
7.9.2013
ANNEX
Description of the goods
Classification
(CN-code)
Reasons
(1) (2) (3)
A product (so-called “Real Time Clock 9114 90 00 Classification is determined by General Rules 1 and 6 for
Module”) consisting of a monolithic integrated
the interpretation of the Combined Nomenclature, Note
circuit and a quartz crystal assembled together
1(n) to Section XVI and by the wording of CN codes
on a metal frame and embedded in a plastic
9114 and 9114 90 00.
housing with dimensions of approximately
10 × 7 × 3 mm.
As the product contains both a monolithic integrated
circuit and a quartz crystal, it does not fulfil the
The product operates with an oscillating
conditions laid down in Note 8(b) to Chapter 85.
frequency of 32,768
kHz and a supply
Consequently, classification under heading 8542 is
voltage of between 2,7 and 3,6 V. It has a
excluded.
digital output signal.
The product provides a clock signal for determining
The product is used in various apparatus as
intervals of time, which is a function of Chapter 91.
the source of a clock signal for determining
intervals of time.
Classification under heading 9110 is also excluded as the
product does not have all the necessary components to
(*) See image.
be considered an incomplete clock movement and is not
mounted (see also the Harmonised System Explanatory
Notes (HSEN) to heading 9110, third paragraph).
The product is therefore to be classified under CN code
9114 90 00 as other watch or clock parts (see also
HSEN to heading 9114, (A), point (8)).
(*) The image is purely for information.

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Document Outline

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