
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 code 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 3 months pursuant to 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, 29 November 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX

Description of the goods Classification(CN code) Reasons
(1) (2) (3)
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. 8425 31 00 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.