HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 200/12
EN
Official Journal of the European Union
25.7.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 709/2013
of 24 July 2013
amending Regulation (EU) No 717/2010 concerning the classification of certain goods in the
Combined Nomenclature
THE EUROPEAN COMMISSION,
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Having regard to the Treaty on the Functioning of the European
Committee,
Union,
HAS ADOPTED THIS REGULATION:
Having regard to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and
Article 1
on the Common Customs Tariff
( 1 ), and in particular
Article 9(1)(a) thereof,
The Annex to Regulation (EU) No 717/2010 is replaced by the
text set out in the Annex to this Regulation.
Whereas:
Article 2
(1) Commission
Regulation
(EU)
No
717/2010
( 2 ) classified a
Binding tariff information issued by the customs authorities of
so-called "exhaust gas temperature sensor" under CN
Member States which is not in accordance with Regulation (EU)
code 8533 40 10 as other variable resistors.
No 717/2010, as amended by this Regulation, may continue to
be invoked for a period of three months from the date of entry
(2) The
product
classified
in
Regulation
(EU)
No
717/2010 into force of this Regulation under Article 12(6) of Council
should be considered a fixed resistor because its
Regulation (EEC) No 2913/92 ( 3 ).
resistance is not variable at will, but depends only on
the temperature. It is therefore necessary to change the
Article 3
product's classification to CN code 8533 21 00.
This Regulation shall enter into force on the twentieth day
(3) Regulation
(EU)
No
717/2010
should
therefore
be following that of its publication in the Official Journal of the
amended accordingly.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 July 2013.
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 210, 11.8.2010, p. 24.
( 3 ) OJ L 302, 19.10.1992, p. 1.

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EN
25.7.2013 Official
Journal
of
the
European
Union L
200/13
ANNEX
‘ANNEX
Description of the goods
Classification
(CN-code)
Reasons
(1) (2) (3)
A product (so-called ‘exhaust gas temperature
8533 21 00
Classification is determined by General Rules 1
sensor’) consisting of:
and 6 for the interpretation of the Combined
Nomenclature and by the wording of CN codes
— a thermistor with a power handling capacity
8533 and 8533 21 00.
not exceeding 20 W, in its own housing,
Classification under heading 9025 as a ther
— a fixing bolt,
mometer or as a part thereof is excluded as
— a shaft facilitating fixation inside a vehicle’s
the product cannot measure nor display
exhaust system,
temperature.
— an electrical cable, with a heat resistant
The product is a non-linear resistor the
sleeve, which connects the product to a
resistance of which changes with temperature
plug and which, in turn, enables connection
and is not variable at will (see also the
to the vehicle’s engine management system.
Harmonised System Explanatory Notes to
heading 8533 (A)(5) and (B)).
Depending on the temperature, the thermistor
changes its resistance. When connected, this
It is therefore to be classified under CN code
change of resistance produces a change of elec
8533 21 00 as other fixed resistors for a power
trical current, which is transmitted to the
handling capacity not exceeding 20 W.’
engine management system.
The product cannot convert the electrical
current output into a temperature measurement
or display the temperature.

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Document Outline

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