HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
2.12.2011 Official
Journal
of
the
European
Union L
319/37
COMMISSION IMPLEMENTING REGULATION (EU) No 1248/2011
of 29 November 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,
Having regard to Council Regulation (EEC) No 2658/87 of
for a period of 3 months, continue to be invoked by
23 July 1987 on the tariff and statistical nomenclature and
the holder, pursuant to Article 12(6) of Council Regu
on the Common Customs Tariff
(
lation (EEC) No 2913/92 of 12 October 1992 estab

1 ), and in particular
Article 9(1)(a) thereof,
lishing the Community Customs Code ( 2 ).
Whereas:
(5) The
measures
provided
for
in
this
Regulation
are
in
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,
it is necessary to adopt measures concerning the classifi
HAS ADOPTED THIS REGULATION:
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
which is wholly or partly based on it or which adds any
Article 2
additional subdivision to it and which is established by
specific provisions of the Union, with a view to the
Binding tariff information issued by the customs authorities of
application of tariff and other measures relating to
Member States, which is not in accordance with this Regulation,
trade in goods.
can continue to be invoked for a period of 3 months pursuant

to Article 12(6) of Regulation (EEC) No 2913/92.
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Article 3
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
This Regulation shall enter into force on the 20th day following
virtue of the reasons set out in column (3) of that table.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 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.

---

L 319/38
EN
Official Journal of the European Union
2.12.2011
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A machine for use with lifts, with dimensions
8425 31 00 Classification
is
determined
by
General
Rules
1
of approximately 83 × 70 × 30 cm and a
and 6 for the interpretation of the Combined
weight of 418 kg (so-called ‘gearless traction
Nomenclature, Note 2(a) to Section XVI and
machine’), consisting of:
the wording of CN codes 8425 and 8425 31 00.
— a permanent magnet synchronous electric
The machine consists of an electric motor and a
motor with a power of 3,4 kW,
pulley on the shaft of the motor. Given its char
acteristics, it is to be considered to be a winch of
— a pulley on the shaft of the motor,
heading 8425.
— a braking system, and
The presence of a braking system or the absence
— a signal generator for determining the
of a cable or belt does not exclude classification
correct position of the cables (safety
as a winch (see also the HS classification opinion
monitoring system).
8425.31/1). The presence of the safety moni
toring system does not alter the characteristics
The machine is installed in a lift shaft for
of a winch.
lifting and lowering the cabin.
Classification as a part of a lift under heading
8431 is therefore excluded.
The machine is therefore to be classified under
CN code 8425 31 00 as a winch powered by an
electric motor.

---