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7.8.2012 Official
Journal
of
the
European
Union L
210/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 714/2012
of 30 July 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
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 210/2
EN
Official Journal of the European Union
7.8.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 30 July 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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EN
7.8.2012 Official
Journal
of
the
European
Union L
210/3
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. A product consisting of a flexible keypad 8517 70 90 Classification
is
determined
by
General
Rules
1
and
membrane made of silicone with 19 incor
6 for the interpretation of the Combined Nomen
porated keycaps and with dimensions of
clature, Note 2(b) to Section XVI and by the
approximately 65 × 40 × 1 mm.
wording of CN codes 8517, 8517
70 and
8517 70 90.
The product has printed keycaps representing an
alpha/numeric keyboard, call buttons and other
Classification under heading 8536 as a switch is
buttons typical of mobile phones.
excluded as the product comprises only a part
(one side of the contact points) of a switching
Underneath each keycap there is an electrical
device (see also CN Explanatory Notes to heading
contact element made of silicone impregnated
8536, point (8)).
with carbon.
The product is an essential part for the operation
The product has a specific shape and design and
of a mobile phone and cannot be used indepen
is intended for incorporation in a particular
dently for other purposes. Also, it is specially
model of a mobile phone.
adapted for use in a particular model of a mobile
phone. In particular, its shape and method of
operation preclude any other use (see also
judgment of the Court of Justice of the European
Union in Case C-183/06). Consequently, classifi
cation under heading 8538 as a part suitable for
use solely or principally with a switching device is
also excluded.
The product is therefore to be classified under CN
code 8517 70 90 as a part of a mobile phone.
2. A product (so-called ‘keyboard flex assembly’), 8517 70 90 Classification
is
determined
by
General
Rules
1
and
the main body of which has dimensions of
6 for the interpretation of the Combined Nomen
approximately 56 × 42 × 1 mm and which
clature, Note 2(b) to Section XVI and by the
comprises two membranes constituting a
wording of CN codes 8517, 8517
70 and
switching device:
8517 70 90.
— an upper membrane of polyimide containing
In addition to the two membranes with
24 copper contact points on the bottom
corresponding contact points for switching elec
side,
trical circuits, the product incorporates printed
circuit assemblies for controlling the lighting
— a lower membrane of polyimide containing
system of the keyboard. Classification as a
a printed circuit with 24 copper contact
switching device for electrical circuits under
points on the upper side.
heading 8536 is therefore excluded.
Over the upper membrane there is a protective
The product is an essential part for the operation
transparent plastic sheet printed with an image
of a mobile phone and cannot be used indepen
representing a mobile phone keyboard, and
dently for other purposes. Also, it is specially
under the lower membrane a protective paper
adapted for use in a particular model of a mobile
sheet.
phone. In particular, its shape and method of
operation preclude any other use (see also
The following components are connected to the
judgment of the Court of Justice of the European
main body of the product:
Union in Case C-183/06).
— two flat electrical conductors with
The product is therefore to be classified under CN
connectors,
code 8517 70 90 as a part of a mobile phone.
— two printed circuit assemblies containing
active and passive components, a light
sensor and a ‘Hall effect’ switch for
controlling the lighting system of the
keyboard.
The product has a specific shape and design and
is intended for incorporation in a particular
model of a mobile phone.

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