Commission Implementing Regulation (EU) No 1248/2011
Of 29 November 2011 — CELEX 32011R1248
Description of the goods
A machine for use with lifts, with dimensions of approximately 83 × 70 × 30 cm and a weight of 418 kg (so-called ‘gearless traction machine’), consisting of: — a permanent magnet synchronous electric motor with a power of 3,4 kW, — a pulley on the shaft of the motor, — a braking system, and — a signal generator for determining the correct position of the cables (safety monitoring system). The machine is installed in a lift shaft for lifting and lowering the cabin.
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Section XVI and the wording of CN codes 8425 and 8425 31 00. The machine consists of an electric motor and a pulley on the shaft of the motor. Given its characteristics, it is to be considered to be a winch of heading 8425. The presence of a braking system or the absence of a cable or belt does not exclude classification as a winch (see also the HS classification opinion 8425.31/1). The presence of the safety monitoring system does not alter the characteristics of a winch. Classification as a part of a lift under heading 8431 is therefore excluded. The machine is therefore to be classified under CN code 8425 31 00 as a winch powered by an electric motor.