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26.1.2013 Official
Journal
of
the
European
Union
L
26/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 69/2013
of 23 January 2013
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
orities of Member States in respect of the classification of
goods in the Combined Nomenclature but which is not
in accordance with this Regulation can, for a period of
Having regard to the Treaty on the Functioning of the European
three months, continue to be invoked by the holder,
Union,
under Article 12(6) of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the
Community Customs Code ( 2 ).
Having regard to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff
( 1 ), and in particular
Article 9(1)(a) thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Committee,
Whereas:
HAS ADOPTED THIS REGULATION:
(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
Article 1
cation of the goods referred to in the Annex to this
Regulation.
The goods described in column (1) of the table set out in the

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
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
Article 2
which is wholly or partly based on it or which adds any
Binding tariff information issued by the customs authorities of
additional subdivision to it and which is established by
Member States, which is not in accordance with this Regulation,
specific provisions of the Union, with a view to the
can continue to be invoked for a period of three months under
application of tariff and other measures relating to
Article 12(6) of Regulation (EEC) No 2913/92.
trade in goods.
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.
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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L 26/2
EN
Official Journal of the European Union
26.1.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 January 2013.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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EN
26.1.2013 Official
Journal
of
the
European
Union
L
26/3
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. An apparatus for the reception, recording or
8521 90 00
Classification is determined by General Rules 1
reproducing of audio and video (so-called
and 6 for the interpretation of the Combined
‘digital media receiver’) of a cylindrical
Nomenclature and by the wording of CN codes
shape with overall dimensions of approxi
8521 and 8521 90 00.
mately 13 (diameter) × 19 (height) cm.
Given its characteristics, namely the capacity to
The apparatus incorporates:
receive, record and reproduce video signals from
various sources and the size of the hard disk,
— a microprocessor,
the apparatus is considered to be a video
recording or reproducing apparatus of heading
— a hard disk drive of 500 GB,
8521.
— an alphanumeric display,
It is therefore to be classified as a video
recording or reproducing apparatus under CN
— an infrared receiver for the remote
code 8521 90 00.
control.
It is equipped with the following interfaces:
— USB,
— Ethernet,
— HDMI,
S-video,
composite
and
component video outputs,
—
digital optical, digital coaxial and
analogue audio outputs.
It is also equipped with control buttons and
supplied with a remote control.
The apparatus is capable of receiving audio
and video signals in digital format from an
external source (for example, a router, an
automatic data-processing machine, a digital
camera, a USB memory). The data may be
stored on its hard disk. The data is
reproduced on a monitor, a television set
or through a stereo system.
The apparatus cannot gain access to the
internet.
2. An apparatus for the reception or repro
8521 90 00
Classification is determined by General Rules 1,
duction of audio and video (so-called
2(a) and 6 for the interpretation of the
‘digital media receiver’) of a cylindrical
Combined Nomenclature and by the wording
shape with overall dimensions of approxi
of CN codes 8521 and 8521 90 00.
mately 13 (diameter) × 19 (height) cm.
Given that the apparatus has all the necessary
The apparatus incorporates:
electronics for performing the functions of
video recording or reproducing of heading
— a microprocessor,
8521 except for the hard disk, it is to be
considered, as having, by virtue of General
— an infrared receiver for the remote
Rule 2(a), the essential character of a complete
control,
or finished product of heading 8521.
— an alpha-numeric display.
The apparatus is therefore to be classified as an
incomplete video recording or reproducing
It is equipped with the following interfaces:
apparatus under CN code 8521 90 00.
— USB,

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L 26/4
EN
Official Journal of the European Union
26.1.2013
(1) (2) (3)
— Ethernet,
— HDMI,
S-video,
composite
and
component video outputs,
—
digital optical, digital coaxial and
analogue audio outputs,
— a slot for a hard disk.
It is also equipped with control buttons and
supplied with a remote control.
The apparatus is capable of receiving audio
and video signals in digital format from an
external source (for example, a router, an
automatic data-processing machine, a digital
camera, a USB memory). The data may be
stored on a hard disk inserted after import
ation. The data is reproduced on a monitor,
a television set or through a stereo system.
The apparatus cannot gain access to the
internet.
3. An apparatus for the reception and
8519 89 19
Classification is determined by General Rules 1
processing of audio (so-called ‘digital audio
and 6 for the interpretation of the Combined
streamer’) with overall dimensions of
Nomenclature and by the wording of CN codes
approximately 19 × 9 × 8 cm.
8519, 8519 89 and 8519 89 19.
The apparatus incorporates:
Given its characteristics, the apparatus is
designed to receive and process sound either
— a microprocessor,
directly from the internet or an ADP machine
to various audio apparatus.
— a vacuum fluorescent display with a
resolution of 320 × 32 grayscale pixels,
The apparatus is therefore to be classified under
CN code 8519 89 19 as other sound repro
— an on-screen clock with alarm,
ducing apparatus, not incorporating a sound
recording device.
— an infrared receiver for the remote
control.
It is equipped with the following interfaces:
— Ethernet,
— wireless Ethernet,
—
digital optical, digital coaxial and
analogue audio outputs,
— a headphone jack.
It is supplied with a remote control.
The apparatus can function either in a stand
alone mode connecting to an internet
network (without an automatic data-
processing (ADP) machine) or with software
running on an ADP machine.
It is capable of reproducing audio files stored
on the ADP machine or any internet radio.

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Document Outline

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