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1.4.2011 Official
Journal
of
the
European
Union L
86/57
COMMISSION REGULATION (EU) No 314/2011
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,
for a period of 3 months, continue to be invoked by
Having regard to Council Regulation (EEC) No 2658/87 of
the holder, under Article 12(6) of Council Regulation
23 July 1987 on the tariff and statistical nomenclature and
(EEC) No 2913/92 of 12 October 1992 establishing
on the Common Customs Tariff
( 1 ), and in particular
the 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
Committee,
(1) In
order
to
ensure
uniform
application
of
the
Combined
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
Annex shall be classified within the Combined Nomenclature
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general under the CN code indicated in column (2) of that table.
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
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 3 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 20th day following
classified under the CN code indicated in column (2), by
that of its publication in the Official Journal of the European
virtue of the reasons set out in column (3) of that table.
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 86/58
EN
Official Journal of the European Union
1.4.2011
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
An apparatus (so-called ‘infrared thermal
9025 19 20 Classification
is
determined
by
General
Rules
camera’) for capturing images of infrared
1 and 6 for the interpretation of the
radiation by means of a microbolometer and
Combined Nomenclature and by the
displaying such images in colours representing
wording of CN codes 9025, 9025 19 and
different temperatures, with dimensions of
9025 19 20.
approximately 26 × 8 × 11 cm.
As the apparatus is capable of measuring
The apparatus comprises:
temperature and representing the measured
values in figures, which is a function
— a detachable lens,
covered by heading 9025, classification
— a microbolometer with a resolution of
under heading 8525 as a camera is excluded
160 × 120 pixels, capable of measuring
(see also the CN Explanatory Notes to heading
temperatures within a range of – 20 °C
8525).
to 250 °C,
As the purpose of the apparatus is not to
— a colour liquid crystal display (LCD) with a
measure or to check quantities of heat but
resolution of 320 × 240 pixels and a
to detect the level of infrared radiation
diagonal measurement of the screen of
(temperature measurement), classification
approximately 7 cm (2,5 inches), and
under heading 9027 is excluded.
— a memory capable of storing up to 200
Given its characteristics, the apparatus is
images in JPEG format.
therefore to be classified under CN code
9025 19 20 as a thermometer.
The microbolometer, being a thermal sensor
used as a detector in the camera, provides for
19 200 pixels in each image where each pixel
represents the result of a temperature
measurement.
The image is displayed in various colours
representing the measurement of various
temperatures together with a vertical scale
showing the temperature at the top and
bottom of the chosen range of temperatures
and the range of colours going from top to
bottom.
The apparatus is also capable of measuring
the temperature of a specific point and
displaying the result on a temperature scale.
The apparatus is used for preventative main
tenance to detect defective construction or
insulation and heat leaks.

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