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23.3.2013 Official
Journal
of
the
European
Union
L
84/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 273/2013
of 19 March 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 84/2
EN
Official Journal of the European Union
23.3.2013
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 March 2013.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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EN
23.3.2013 Official
Journal
of
the
European
Union
L
84/3
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. An electronic apparatus (so-called ‘body 8423 10 90 Classification
is
determined
by
General
Rules
1,
composition analyser’) incorporating an
3(b) and 6 for the interpretation of the
indicator panel with dimensions of approxi
Combined Nomenclature and by the wording of
mately
30 × 30 × 4 cm,
comprising
the
CN codes 8423, 8423 10 and 8423 10 90.
following main components:
The apparatus is a composite article consisting of
— for weighing: a load cell and hardware for
components classified under Chapter 84 and
processing and displaying the weight,
Chapter 90. By virtue of General Rule 3(b) it is
to be classified as if it consisted of the
— for measuring: 2 electrodes on the scale
component which gives the article its essential
upper surface, control buttons and
character.
hardware for processing and displaying the
measurements.
Due to its objective characteristics, namely the
measurement system with 2 electrodes only, it is
Through the 2 electrodes in contact with the
considered that the component performing the
feet, the apparatus sends electrical currents
weighing gives the apparatus its essential character.
which, using bioimpedance characteristics,
allow the apparatus to determine, for example,
The apparatus is therefore to be classified under CN
the percentage of body fat, the percentage of
code 8423 10 90 as a personal weighing machine.
muscle, the bone mass, the body water.
The apparatus can also be used as a scale only.
The apparatus can store data for 10 users. It can
display values from 2 measurements per user.
The apparatus is designed for domestic use.
2. An electronic apparatus (so-called ‘body 9031 80 38 Classification
is
determined
by
General
Rules
1,
composition analyser’) in a form of a personal
3(b) and 6 for the interpretation of the
scale incorporating an indicator panel with
Combined Nomenclature and by the wording of
dimensions of approximately 36 × 32 × 6 cm,
CN codes 9031, 9031 80 and 9031 80 38.
comprising the following main components:
Classification under heading 9018 as a medical
— for weighing: a load cell and hardware for
instrument or appliance is excluded as the
processing and displaying the weight,
apparatus is not generally used in professional
practice (see first paragraph of the HS Explanatory
— for measuring: a detachable hand bar with 4
Notes to heading 9018).
electrodes, 4 electrodes on the scale upper
surface, control buttons and hardware for
The apparatus is a composite article consisting of
processing and displaying the measurements.
components classified under Chapter 84 and
Chapter 90. By virtue of General Rule 3(b) it is
Through the 8 electrode system placed in the
to be classified as if it consisted of the
hands and under the feet, the apparatus sends
component which gives the article its essential
electrical currents in multi-frequency
character.
measurement which, using bioimpedance char
acteristics, allow the apparatus to determine, for
Due to its objective characteristics, namely the
example, the percentage of body fat, the body
measurement technology used, it is to be
fat mass, the body mass index (BMI), the skeletal
considered that the component performing the
muscle mass, the body water.
measurement gives the apparatus its essential char
acter.
The apparatus can be used either by health
professionals in diagnosing obesity or by other
The apparatus is therefore to be classified under CN
users to provide information about their
code 9031 80 38 as other electronic measuring
physique, or to check or improve it for
instruments.
sporting or appearance purposes.
The apparatus can also be used as a scale only.

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L 84/4
EN
Official Journal of the European Union
23.3.2013
(1) (2) (3)
The apparatus can store data for 99 users and
300 measurements. The data can be transferred
to an automatic data-processing machine using
a USB memory stick.
3. An electronic apparatus (so-called ‘body 9031 80 38 Classification
is
determined
by
General
Rules
1,
composition analyser’) with a weighing base
3(b) and 6 for the interpretation of the
and a column on top of which is a control
Combined Nomenclature and by the wording of
board incorporating an indicator panel with
CN codes 9031, 9031 80 and 9031 80 38.
the dimensions of approximately
120 × 87 × 52 cm, comprising the following
Classification under heading 9018 as a medical
main components:
instrument or appliance is excluded as the
apparatus is not generally used in professional
— for weighing: a load cell and hardware for
practice (see first paragraph of the HS Explanatory
processing and displaying the weight,
Notes to heading 9018).
— for measuring: 2 detachable hand bars with
The apparatus is a composite article consisting of
2 electrodes each, 4 electrodes on the scale
components classified under Chapter 84 and
upper surface, control buttons and hardware
Chapter 90. By virtue of General Rule 3(b) it is
for processing and displaying the measure
to be classified as if it consisted of the
ments.
component which gives the article its essential
character.
Through the 8-point tactile electrode system
placed in the hands and under the feet, the
Due to its objective characteristics, namely the
apparatus sends electrical currents in multi-
measurement technology used, it is to be
frequency measurement which, using bioim
considered that the component performing the
pedance characteristics, allow the apparatus to
measurement gives the apparatus its essential char
determine, for example, the intracellular water,
acter.
the extracellular water, the protein mass, the
mineral mass, the body fat mass, the total
The apparatus is therefore to be classified under CN
body water, the fat free mass, the body mass
code 9031 80 38 as other electronic measuring
index (BMI), the skeletal muscle mass.
instruments.
The apparatus is equipped with the following
connectors:
— RJ45,
— USB,
— RS232,
— 25 pin D-sub.
The apparatus can be used either by health
professionals in diagnosing obesity or by other
users to provide information about their
physique, or to check or improve it for
sporting or appearance purposes.
The apparatus can be connected to an automatic
data-processing machine or a printer.

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