
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 
Point 2 of the Annex to Regulation (EC) No 955/98 is deleted.
Article 4 
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, 20 January 2005.
For the Commission
László KOVÁCS
Member of the Commission
ANNEX

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

1. 

— a composite machine (an amplifier, AM/FM radio-broadcast receiver and a DVD/CD player),
— a subwoofer,
— five speakers, and
— a remote control.

The product (known as a ‘home cinema system’) is designed to provide audio and video entertainment in the home, mainly by reproducing sound and images stored on a DVD.
 8521 90 00 Classification is determined by the provisions of General Rules 1, 3(b) 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.The product is a set put up for retail sale, in which the component giving the set its essential character is the composite machine (GIR 3(b)).Within the meaning of Note 3 to Section XVI, the component which provides for the principal function of the composite machine is the DVD/CD player. The amplification of sound and the reproduction of radio-broadcast signals are considered to be secondary functions compared with the video reproduction function.Consequently, the set is classifiable as video reproduction apparatus under CN code 8521 90 00.

2. 

— an AM/FM radio-broadcast receiver with an amplifier,
— a DVD/CD player,
— a subwoofer,
— five speakers, and
— a remote control.

The product (known as a ‘home cinema system’) is designed to provide audio and video entertainment in the home, mainly by reproducing sound and images stored on a DVD.
 8521 90 00 Classification is determined by the provisions of General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8521 and 8521 90 00.The product is a set put up for retail sale, in which the component giving the set its essential character is the DVD/CD player.Consequently, the set is classifiable as video reproduction apparatus under CN code 8521 90 00.

3. 
The analyser is designed to provide information on the performance of networks by monitoring network activity, decoding all major protocols, and generating network traffic.

The ADP machine is not presented with the analyser.
 9031 80 39 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 5(E) to Chapter 84, Additional Note 1 to Chapter 90 and by the wording of CN codes 9031, 9031 80 and 9031 80 39.The analyser, performing a specific function by means of the analyser module, is excluded from heading 8471 by application of note 5(E) to Chapter 84.The analyser is specifically designed for analysing the traffic in a network and not for measuring or checking electrical quantities, thus being excluded from heading 9030.

4. 
The analyser is designed to perform the following functions:


— analysing the operational state of existing networks and network products,
— simulating traffic and fault conditions into existing networks and network products,
— generating network traffic.
 9031 80 39 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 5(E) to Chapter 84, Additional Note 1 to Chapter 90 and by the wording of CN codes 9031, 9031 80 and 9031 80 39.The analyser, performing a specific function by means of the analyser module, is excluded from heading 8471 by application of Note 5(E) to Chapter 84.The analyser is specifically designed for analysing the traffic in a network and not for measuring or checking electrical quantities, thus being excluded from heading 9030.