Commission Regulation (EU) No 109/2010
Of 5 February 2010 — CELEX 32010R0109
Description of the goods
An article consisting of: — a cylindrical container of steel approximately 33 cm high and of a diameter of approximately 29 cm, — a steel lid with two circular openings of a diameter of approximately 5 cm and 6 cm respectively, — a cylindrical grid of steel approximately 8 cm high and of a diameter of approximately 12,5 cm, — a flexible steel tube, and — a suction nozzle. The steel grid is fitted on the underside of the lid under one of the openings. The tube with the suction nozzle is fitted to the other opening. The article is intended for cleaning, for example, fire places, using it together with a vacuum cleaner when the vacuum cleaner hose is connected on the upper side of the lid to the opening with a grid. When vacuuming, coarse particles stay at the bottom of the container whereas airborne particles are filtered out of the air stream by the grid.
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(f) to Section XV and by the wording of CN codes 8421, 8421 39 and 8421 39 20. As the cylindrical grid stops the airborne particles and only the purified air goes through it, it serves as a filter. Therefore, the article has the characteristics of filtering or purifying machinery of heading 8421. Classification under heading 7323 as a household article of steel is excluded as according to Note 1(f) to Section XV that section does not cover articles of Section XVI. The article is to be classified under CN code 8421 39 20 as machinery for filtering or purifying air.