COMMISSION REGULATION (EU) No 428/2011
of 27 April 2011
concerning the classification of certain goods in the Combined Nomenclature
Article 1
Article 2
Article 3
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
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(1) |
(2) |
(3) |
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8509 80 00 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3(b) to Chapter 85 and by the wording of CN codes 8509 and 8509 80 00. Given that the apparatus itself does not project, disperse or spray but merely activates the spraying mechanism of the aerosol can, classification under heading 8424 is excluded. The apparatus is an electromechanical appliance with a self-contained motor of heading 8509 of the kind commonly used for domestic purposes. It is therefore to be classified under CN code 8509 80 00. |
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|
8509 80 00 |
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 3(b) to Chapter 85 and by the wording of CN codes 8509 and 8509 80 00. The component that gives the set its essential character is the aerosol dispenser because it is permanently used, whereas the aerosol can has to be replaced when empty. Given that the apparatus itself does not project, disperse or spray but merely activates the spraying mechanism of the aerosol can, classification under heading 8424 is excluded. The apparatus is an electromechanical appliance with a self-contained motor of heading 8509 of the kind commonly used for domestic purposes. The set is therefore to be classified under CN code 8509 80 00. |