Commission Regulation (EC) No 1655/2005
Of 10 October 2005 — CELEX 32005R1655
Description of the goods
1. An unassembled article in the form of a reduced-size greenhouse, so-called ‘mini-greenhouse’, with approximate dimensions of 50 cm (length), 24 cm (width) and 25 cm (height). The frame is made of wood, the floor is in the form of a metal grill and the enclosing element is made of plastic. When assembled, the upper part of the ‘mini-greenhouse’ can be opened. (See photograph A) (*1)
Reasons
Classification is determined by General Rules 1, 2(a), 3(b) and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 4421, 4421 90 and 4421 90 98. The essential character of the product is given by the constructive element (wooden frame). Because of the size it cannot be considered as a prefabricated building of heading 9406.
Description of the goods
2. Household-type combined refrigerator-freezer of a capacity of 579 litres, fitted with two separate external doors. The overall dimensions are 180,8 cm (height), 92,5 cm (width) and 81,6 cm (depth). The weight is 112 kg. The capacity of the refrigerator is 368 litres and the capacity of the freezer is 211 litres. The refrigerator has tempered glass shelves, two vegetable drawers and, on the inside of the door, space for storing bottles, etc. The freezer has three drawers.
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8418, 8418 10 and 8418 10 91. Subheading 8418 10 covers all combined refrigerator-freezers, fitted with separate external doors, whether or not of a household type.
Description of the goods
3. Set put up for retail sale comprising: — a television camera in a casing in the form of a plastic brick; — a kit made up of bricks and assembling components of plastic and — a CD-ROM. The camera cannot store images but transmits them to an automatic data-processing machine via a USB cable. The kit of bricks and the assembling components are used for constructing a tripod. The CD-ROM contains recorded programmes, data, video and sound files.
Reasons
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 8525, 8525 30 and 8525 30 90. Although the set is designed for children, it cannot be classified as a toy under heading 9503 because the essential character of the set is given by the camera of heading 8525.
Description of the goods
4. A paperboard puzzle book for children consisting of sixteen pages. Eight of the pages (left side) contain a short children's story with an illustration relating to that story. Seven of the pages (right side) contain a puzzle consisting of 9 pieces, which reproduces the colour illustration of the corresponding page. The last page contains only an illustration.
Reasons
Classification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 9503, 9503 60 and 9503 60 90. Classification as a printed book under heading 4901 or as a children's picture book under heading 4903 is excluded because the text and the pictures have a subsidiary function to the puzzles. The puzzles give the product its essential character and it is therefore classified as a puzzle under heading 9503.