
Article 1 
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2.
Article 2 
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3 
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 16 December 2004.
For the Commission
László KOVÁCS
Member of the Commission
ANNEX

Description Classification(CN code) Reasons
(1) (2) (3)

1. 
The aluminium wire rolls have been partly damaged and deformed.

(See photograph A)
 7605 11 00 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(c) to Chapter 76 and by the wording of CN codes 7605 and 7605 11 00.Classification under heading 7602 is excluded, as the conditions of Note 8(a) to Section XV are not met.The degree of damage and deformation of the aluminium wire rolls does not alter the nature of the product, which is that of aluminium wire, given that large portions of the rolls still meet the definition in Note 1(c) to Chapter 76.

2. 
The aluminium wire rolls have been partly damaged and deformed before being cut, from each side of the roll opening, by means of hydraulic alligator shears.

The product consists of large portions of aluminium wire.

(See photograph B)
 7605 11 00 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(c) to Chapter 76 and by the wording of CN codes 7605 and 7605 11 00.Note 8 (a) to Section XV does not apply because the aluminium wire rolls are not definitely unusable as aluminium wire; therefore classification under heading 7602 is excluded.As large portions of the rolls meet the definition for aluminium wire in Note 1(c) to Chapter 76, the products remain classifiable under CN code 7605 11 00.

3. 
The product is composed of an aluminium frame, containing a layer of plasma cells between two glass substrates, as well as address and display electrodes.

The product is equipped with ribbon cables but does not incorporate any other electronic components (for example, a power supply or drivers), or interfaces for connection to other apparatus.

The product is to be used as a component in the manufacture of video monitors.

(See photograph C)
 8529 90 81 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and by the wording of CN codes 8529, 8529 90 and 8529 90 81.The product cannot be classified as an unfinished product by virtue of General Rule 2(a) for the interpretation of the Combined Nomenclature because the product is only equipped with ribbon cables.The product is not classifiable in heading 8473 as a part of a display unit of an automatic data processing machine or in heading 8531 as a part of an indicator panel, because it is not suitable for use solely or principally with an automatic data processing machine of heading 8471 or with an indicator panel of heading 8531.In view of its dimensions and characteristics, the product is classifiable under heading 8529 being a part of a video monitor of heading 8528.

4. 
The product is fitted with a slot-in board with the following interfaces:


— an RGB input,
— a serial RS-232C interface,
— an audio input;
— a slot for a second slot-in board.

The slot, for the second slot-in type interface, provides a connection to a variety of optional terminal boards with a wide range of input sources, for example, composite video, S-video and component video signals.
 8528 21 90 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 8528, 8528 21 and 8528 21 90.Classification under heading 8471 is excluded as the product is not of a kind solely or principally used in an automatic data processing system (see Note 5 B(a) to Chapter 84 and the HS Explanatory Notes to heading 8471 (I) (D)).The product is not classifiable as a product under heading 8531, because its function is not to provide visual indication for signalling purposes (see the HS Explanatory Notes to heading 8531 (D)).The product is a video monitor of heading 8528, because it is designed to be able to reproduce, on the screen, a wide range of video signals.

5. 
The vehicle is equipped with two seats, one of which is for the driver.

Behind the seats, there is an area with approximate dimensions of 1,2 m (length) and 1,4 m (width). It is fitted with tilting hydraulics. This area is designed for mounting a rear box, mechanical appliances or similar equipment.

The area with seats is smaller than the area behind the seats.

The vehicle is not fitted with the rear box or any other accessory when presented.

(See photograph D)
 8704 21 91 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8704, 8704 21 and 8704 21 91.The vehicle is not essentially designed for hauling or pushing another vehicle, appliance or load and therefore does not fulfil the requirements of Note 2 to Chapter 87.It is not principally designed for the transport of persons.It is not a dumper truck (see the HS Explanatory Notes to subheading 8704 10).Due to its construction (for example, tilting hydraulics), it is principally designed for the transport of goods.

(A) 

(B) 

(C) 

(D) 
