Commission Regulation (EC) No 1056/2006
Of 12 July 2006 — CELEX 32006R1056
Description of the goods
1. A portable battery-operated digital sound and video recording and reproducing apparatus containing the following main components in a single housing: — a hard disk with a storage capacity of 30 GB, — a colour display with a diagonal measurement of 6,35 cm (2,5 inches), — a microphone, and — a radio broadcast receiver. The apparatus supports the following formats: MPEG1, MPEG2, MPEG4, DivX, XviD, WMV, MJPEG, MP3 and WMA. It can be connected to an automatic data-processing machine through a USB port in order to download or upload the media files. It is also connectable to various apparatus through an audio/video (A/V) interface. It can record up to 15 000 songs or 120 hours of digital video, or store up to 25 000 photos. It can also record voice
Reasons
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 8521 and 8521 90 00. Since the apparatus has a specific function, classification as a storage unit under heading 8471 is excluded (Notes 5(B) and 5(E) to Chapter 84). In view of the capability of the apparatus, its principal function is to record or reproduce video as foreseen in heading 8521. Therefore, classification under headings 8520 and 8527 is excluded. The product is neither an apparatus for the reception of television nor a video monitor and therefore classification under heading 8528 is excluded. Since the apparatus has a function specified elsewhere in Chapter 85 (heading 8521), classification under heading 8543 is excluded
Description of the goods
2. An article made up of: — a ball-point pen with a replaceable cartridge, and — a flash memory with a capacity of 128 MB and a USB interface that can be plugged into the USB port of an automatic data-processing machine. The components can be used independently
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 8523, 8523 90 and 8523 90 90. The product is a composite article consisting of a pen with a USB flash memory. In view of the value of the components, the article is intended primarily to be used for storage of data (heading 8523). The function of the USB flash memory is the same as that of a flash memory card, namely the temporary storage of digital data (including MP3 files). The presence of a USB interface does not alter that function. Therefore, a USB flash memory is not an automatic data-processing machine or a unit thereof. Hence, classification under heading 8471 is excluded (Note 5(E) to Chapter 84)
Description of the goods
3. An article made up of: — a watch with a mechanical display only, and — a flash memory with a capacity of 128 MB and a USB interface that can be plugged into the USB port of an automatic data-processing machine. The components can be used independently
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 8523, 8523 90 and 8523 90 90. The product is a composite article consisting of a watch with a USB flash memory. In view of the value of the components, the article is intended primarily to be used for storage of data (heading 8523). The function of the USB flash memory is the same as that of a flash memory card, namely the temporary storage of digital data (including MP3 files). The presence of a USB interface does not alter that function. Therefore, a USB flash memory is not an automatic data-processing machine or a unit thereof. Hence, classification under heading 8471 is excluded (Note 5(E) to Chapter 84)
Description of the goods
4. Eight small plastic cubes, with 48 faces, held together on two edges. The position of the cubes can be changed so as to create geometric shapes with correct illustrations
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 9503, 9503 60 and 9503 60 90. Since the cubes must be manipulated in order to achieve the correct illustrations, the product is considered to be a puzzle