COMMISSION REGULATION (EU) No 315/2011
of 30 March 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 |
(1) |
(2) |
(3) |
Electromechanical machine (so-called ‘vibrating platform’), comprising a steel platform and a central column equipped with a handle and a control panel. The machine measures approximately 80 × 80 × 120 cm and weighs 34 kg. The control panel has a keypad and buttons for starting, repeating or interrupting the training programmes encoded. The platform is powered by a motor, which makes the platform oscillate from side to side relative to the central column, reproducing movements similar to fast walking. The oscillating movement is transmitted to the feet of the person standing on the platform (and then upwards to the muscles) at a frequency of between 30 Hz and 50 Hz. The machine acts as a stimulator to muscle contraction and is for use, for example, in medicine, physiotherapy and well-being. |
8479 89 97 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8479, 8479 89 and 8479 89 97. Classification as a mechano-therapy appliance under heading 9019 is excluded as the machine is not used for the treatment under medical supervision of joints or muscles (See also the Harmonised System Explanatory Notes (HSEN) to heading 9019, (I)). Classification as massage apparatus under heading 9019 is also excluded as the main purpose of the machine is to stimulate all muscles of the body in such a way that they contract naturally. (See also the HSEN to heading 9019, (II)). Classification as articles or equipment for general physical exercise under heading 9506 is excluded as the machine is not intended for physical exercise. (See also the HSEN to heading 9506). Given that the machine acts as a muscle stimulator by mechanical means, it is to be classified under CN code 8479 89 97 as a machine or mechanical appliance having individual functions, not specified or included elsewhere. |