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1.12.2012 Official
Journal
of
the
European
Union L
331/5
COMMISSION IMPLEMENTING REGULATION (EU) No 1123/2012
of 26 November 2012
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
Having regard to Council Regulation (EEC) No 2658/87 of
three months, continue to be invoked by the holder,
23 July 1987 on the tariff and statistical nomenclature and
under Article 12(6) of Council Regulation (EEC) No
on the Common Customs Tariff
( 1 ), and in particular
2913/92 of 12 October 1992 establishing the
Article 9(1)(a) thereof,
Community Customs Code ( 2 ).
Whereas:
(5) The
measures
provided
for
in
this
Regulation
are
in
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,
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
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, 26 November 2012.
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 331/6
EN
Official Journal of the European Union
1.12.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
An apparatus (so-called "passive infrared
8536 50 19 Classification
is
determined
by
General
Rules
detector") consisting of a printed circuit
1 and 6 for the interpretation of the
assembly in a plastic housing with dimensions
Combined Nomenclature and by the
of approximately 11 × 7 × 4 cm.
wording of CN codes 8536, 8536 50 and
8536 50 19.
The printed circuit assembly is equipped with
an infrared sensor, passive elements
Classification as an electric sound or visual
(capacitors, resistors), active elements (tran
signalling apparatus under heading 8531 is
sistors, integrated circuits) and a light
excluded as the apparatus has no self-
emitting diode. It is also equipped with a
contained alarm capability.
dual in-line package switch, an anti-tamper
switch, a block of screw terminal connectors
Heading 8537 covers boards, panels,
and an output of semiconductor relay type.
consoles, desks, cabinets and other bases,
equipped with two or more apparatus of
The housing comprises a reflecting surface
heading 8535 or 8536. As the apparatus
and a lens.
has only components of the same type (two
switches of the semiconductor relay type),
The apparatus has an output signal of up to
classification under heading 8537 is
30 V DC, 50 mA.
therefore excluded (see also the HS
Explanatory Notes to heading 8537,
exclusion (b)).
The apparatus is designed to send an electrical
signal to an apparatus, such as an alarm
system or an electric door, when a
Classification under heading 9027 as
movement is identified by detecting changes
instruments and apparatus for measuring or
in temperature.
checking quantities of heat is also excluded as
the apparatus does not measure quantities but
only detects changes in temperature for the
purpose of automatically activating another
apparatus.
The apparatus has the function of an
automatic switch and it is therefore to be
classified as a switch for a voltage not
exceeding 60 V under CN code 8536 50 19.

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Document Outline

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