
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 of that table.
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 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, 25 November 2008.
For the Commission
László KOVÁCS
Member of the Commission
ANNEX

Description of the goods Classification(CN code) Reasons
(1) (2) (3)

1. 
The monitor is of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 21,6 cm (8,5 inches). The apparatus can be folded and its monitor rotated.

The apparatus is equipped with built-in loudspeakers.

It has the following interfaces:


— memory card expansion slots,
— a USB port,
— composite video in and out, and
— headphone jacks.

It can read optical media (for example, CD, DVD) and semiconductor media (for example, USB flash memory) in various audio and video formats.
 8528 59 90 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 8528, 8528 59 and 8528 59 90.Since the apparatus is a composite machine in accordance with Note 3 to Section XVI, it is to be classified as if consisting only of that component which performs its principal function. Given the design and concept of the apparatus, its purpose is to display video.In view of the size of the screen, which facilitates viewing of video sequences for longer periods, the principal function of the apparatus is that of displaying video.The apparatus is therefore to be classified under CN code 8528 59 90 as a colour monitor.

2. 
The monitor is of the liquid crystal device (LCD) type with a diagonal measurement of the screen of 17,8 cm (7 inches) and it can be folded.

The product is equipped with:


— built-in loudspeakers, and
— DVB-T (Digital Video Broadcasting Terrestrial) and analogue video tuner.

It has the following interfaces:


— memory card expansion slots,
— a USB port,
— composite video in and out, and
— headphone jacks.

It can read optical media (for example, CD, DVD) and semiconductor media (for example, USB flash memory) in various audio and video formats.

It can also be used as a digital radio-broadcast receiver or as a video game player.
 8528 72 20 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 8528, 8528 72 and 8528 72 20.Due to the presence of a TV tuner, the essential character of the product is that of a reception apparatus for television with screen incorporating a radio-broadcast receiver and a video reproducing apparatus.The possible use of the apparatus as a game machine is secondary and is therefore not to be considered as an essential character of the apparatus.The apparatus is therefore to be classified under CN code 8528 72 20 as a reception apparatus for television incorporating a radio-broadcast receiver and a video reproducing apparatus.