Commission Regulation (EC) No 955/98 of 29 April 1998 concerning the classification of certain goods in the Combined Nomenclature
L 133/12 EN Official Journal of the European Communities 7. 5. 98 COMMISSION REGULATION (EC) No 955/98 of 29 April 1998 concerning the classification of certain goods in the Combined Nomenclature THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2658/ 87 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commis- sion Regulation (EC) No 2509/97 (2), and in particular Article 9, Whereas in order to ensure uniform application of the Combined Nomenclature annexed to the said Regulation, it is necessary to adopt measures concerning the classifi- cation of the goods referred to in the Annex to this Regulation; Whereas Regulation (EEC) No 2658/87 has set down the the Combined general rules for the interpretation of Nomenclature and those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a tariff and other measures view to the application of relating to trade in goods; Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified within the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3; Whereas it is accepted that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which do not conform to the rights established by this Regulation, can continue to be invoked, under the provisions in Article 12(6) of Council the Regulation Community Customs Code (3), three months by the holder; establishing for a period of (EEC) No 2913/92 Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statist- ical Nomenclature Section of the Customs Code Committee, HAS ADOPTED THIS REGULATION: Article 1 The goods described in column 1 of the annexed table are now classified within the Combined Nomenclature within the appropriate CN codes indicated in column 2 of the said table. Article 2 Binding tariff information issued by the customs authori- ties of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months. Article 3 This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 April 1998. For the Commission Mario MONTI Member of the Commission (1) OJ L 256, 7. 9. 1987, p. 1. (2) OJ L 345, 16. 12. 1997, p. 44. (3) OJ L 302, 19. 10. 1992, p. 1. 7. 5. 98 EN Official Journal of the European Communities L 133/13 ANNEX Classification (CN code) Description (1) (2) 1. Wireless stereo headphone set, con- 8518 30 80 sisting of: ü battery operated headphones with radio high-frequency in-built receiver, ü a high-frequency radio transmitter with three channels with a range of 100 m and ü an adapter to connect the trans- mitter to various audio devices 8543 89 95 2. Audio-frenquency device, containing a sound processor, which receives and converts signals from different sources (e. g. CD-players, videoplayers or film projectors) into audio signals. It has the following functions: ü simulation of acoustic (e. g. the ments church or a discotheque) and ü audio frequency amplification acoustics of environ- a Reason (3) Classification is determined by the provi- sions of General Rules 1 and 6 for the interpretation of the Combined Nomen- clature, note 4 to section XVI and the wording of the CN codes 8518, 8518 30 and 8518 30 80 Classification is determined by the provi- sions of General Rules 1, 3c and 6 for the interpretation of the Combined Nomen- clature and the wording of the CN codes 8543, 8543 89 and 8543 89 95. A principal mined function cannot be deter-