COMMISSION IMPLEMENTING REGULATION (EU) 2016/665
of 26 April 2016
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) |
A hand-held electric apparatus (so-called ‘glue gun’) designed to apply hot melted glue to wood and other materials. The body of the apparatus is made of plastics and has an interchangeable nozzle made of base metal. The nozzle is adjustable so the flow of the glue can be regulated. When the apparatus is turned on, a delivery tube controlled by a thermostat is heated which in turn heats a replaceable glue stick (with a maximum temperature of 207 °C). The glue becomes soft and can be applied to the materials to be glued. It is designed to be used mainly by professionals, for example, in the packaging industry, the furniture industry, or a stand assembly. See image (*). |
8419 89 98 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI, and by the wording of CN codes 8419 , 8419 89 and 8419 89 98 . Classification under heading 8205 as a hand tool of base metal, not elsewhere specified or included, is excluded as the function of the apparatus is specified in Chapter 84. Classification under heading 8424 as a mechanical appliance for projecting, dispersing, or spraying liquids or powders or as a spray gun is also excluded as the glue is not projected, dispersed nor sprayed. Classification under heading 8516 as an electrothermic appliance of a kind used for domestic purposes is also excluded as the apparatus is designed for use by professionals and is not of a kind normally used in the household (see also the Harmonised System Explanatory Notes (HSEN) to heading 8516 , (E)). Classification under heading 8465 as a machine tool for working wood is also excluded, as the apparatus does not work the wood. In addition, it is held by hand and not mounted elsewhere (see also the HSEN to heading 8465 ). The apparatus is designed for the treatment of materials by a process involving a change of temperature by heating (a function falling under heading 8419 ), which is considered its principal function, and for regulation of the flow of the glue and its application (an individual function, not specified or included elsewhere). It is therefore to be classified under CN code 8419 89 98 as other machinery, electrically heated, for the treatment of materials. |