MASCHINEN, APPARATE, MECHANISCHE GERATE UND ELEKTROTECHNISCHE WAREN, TEILE DAVON > KERNREAKTOREN, KESSEL, MASCHINEN, APPARATE UND MECHANISCHE GERÄTE; TEILE DAVON > Maschinen, Apparate und Geräte zum Drucken mittels Druckplatten, Druckformzylindern und anderen Druckformen der Position|8442; andere Drucker, Kopiergeräte und Fernkopierer, auch miteinander kombiniert; Teile und Zubehör für diese Maschinen, Apparate oder Geräte
This chapter does not cover: millstones and grindstones of Chapter 68, machinery or appliances of ceramics (Chapter 69), laboratory glassware (heading 7017), articles of base metal of Chapters 73-76 or 78-81, electromechanical domestic appliances of heading 8509, or electromechanical hand tools of heading 8467. Note 2 (Parts): Subject to certain exceptions, parts which are suitable for use solely or principally with a particular kind of machine are classified with that machine; parts equally suitable for two or more machines are classified in heading 8409, 8431, 8448, 8466 or 8473 as appropriate. Note 3 (Composite machines): Composite machines consisting of two or more machines fitted together to form a whole and other machines designed to perform two or more complementary or alternative functions are classified according to the principal function. Note 4 (Multi-function machines): Where a machine or combination of machines performs successive different operations on material, it is classified by the function it performs last. Note 5 defines 'machine tools' for working any material by removal, for heading 8456-8465.
1. This Section does not cover: (a) transmission or conveyor belts or belting of plastics of Chapter 39, or of vulcanised rubber (heading 4010), or other articles of vulcanised rubber other than hard rubber, for technical uses (heading 4016); (b) articles of leather or of composition leather (heading 4205) or of furskin (heading 4303), of a kind used in machinery or mechanical appliances or for other technical uses; (c) bobbins, spools, cops, cones, cores, reels or similar supports, of any material (for example, Chapter 39, 40, 44 or Section XV); (d) perforated cards for Jacquard or similar machines (for example, Chapter 39 or 48 or Section XV); (e) transmission or conveyor belts or belting of textile material (heading 5910) or other articles of textile material for technical uses (heading 5911); (f) precious or semi-precious stones (natural, synthetic or reconstructed) of headings 7102 to 7104, or articles wholly of such stones of heading 7116, except unmounted worked sapphires and diamonds for styli (heading 8522); (g) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV) or similar goods of plastics (Chapter 39); (h) drill pipe (heading 7304); (ij) endless bands of metal wire or strip (Section XV); (k) articles of Chapter 82 or 83; (l) articles of Section XVII; (m) articles of Chapter 90; (n) clocks, watches or other articles of Chapter 91; (o) interchangeable tools of heading 8207 or brushes of a kind used as parts of machines (heading 9603); similar interchangeable tools are to be classified according to the constituent material of their working part; (p) articles of Chapter 95; (q) typewriter or similar ribbons, whether or not on spools or in cartridges (heading 9612), or monopods, bipods, tripods and similar articles of heading 9620. 2. Subject to Note 1 to this Section, Note 1 to Chapter 84 and Note 1 to Chapter 85, parts of machines (not being parts of the articles of heading 8484, 8544, 8545, 8546 or 8547) are to be classified according to the following rules: (a) parts which are goods included in any of the headings of Chapter 84 or 85 (other than headings 8409, 8431, 8448, 8466, 8473, 8487, 8503, 8522, 8529, 8538 and 8548) are in all cases to be classified in their respective headings; (b) other parts, if suitable for use solely or principally with a particular kind of machine, or with a number of machines of the same heading, are to be classified with the machines of that kind or in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate; however, parts which are equally suitable for use principally with the goods of headings 8517 and 8525 to 8528 are to be classified in heading 8517; (c) all other parts are to be classified in heading 8409, 8431, 8448, 8466, 8473, 8503, 8522, 8529 or 8538 as appropriate or, failing that, in heading 8487 or 8548. 3. Unless the context otherwise requires, composite machines consisting of two or more machines fitted together to form a whole and other machines designed for the purpose of performing two or more complementary or alternative functions are to be classified as if consisting only of that component or as being that machine which performs the principal function. 4. Where a machine (including a combination of machines) consists of individual components (whether separate or interconnected by piping, by transmission devices, by electric cables or by other devices) intended to contribute together to a clearly defined function covered by one of the headings in Chapter 84 or Chapter 85, then the whole is to be classified in the heading appropriate to that function. 5. For the purposes of these Notes, the expression 'machine' means any machine, machinery, plant, equipment, apparatus or appliance cited in the headings of Chapter 84 or 85.
Quelle: Europäische Kommission - Erläuterungen zur KN (ENKN) und HS-Anmerkungen.
105/2012
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 8443, 8443 31 and 8443 31 80. Given its characteristics, none of the functions of the machine can be considered the principal one and therefore classification under subheading 8443 31 20 is excluded. The reproduction speed, the scanning speed, the existence of an automatic page feeder, the number of paper feeder trays, the control panel and the zoom function are not sufficient to consider digital copying as the principal function. Indeed, the reproduction speed is the same for copying and printing as it depends on the print engine, which is used for both functions. The paper feeder trays are also used for both printing and copying. The scanning speed is relevant for both scanning and copying. The automatic page feeder and the control panel are used equally for copying, scanning and Internet faxing. The presence of the zoom function, which relates in particular to copying, is not sufficient to consider copying as the principal function. Moreover, the machine's capacity to connect to an automatic data-processing (ADP) machine or to a network is an important feature as it allows for the printing and scanning of documents from/to the ADP machine and for sending them via the Internet. Therefore, the machine is to be classified under CN code 8443 31 80 as other machines which perform two or more of the functions of printing, copying or facsimile transmission, not having digital copying as their principal function. Documented CN 2026 code: 84433100, 8443. Commission 2026 transposition note: 8443 31 00 Modification of structure of heading 8443. Regulation to be repealed.
1165/95
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 8443, 8443 39 and 8443 39 10 Documented CN 2026 code: 84433900, 8443. Commission 2026 transposition note: 8443 39 00 Modification of structure of heading 8443.
C‑361/11
17 Jan 2013Hewlett-Packard Europe BV v Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
On those grounds, the Court (First Chamber) hereby rules: Consideration of the question raised has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EC) No 1031/2008 of 19 September 2008 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, in so far as it classifies under CN code 8443 31 91 of the Combined Nomenclature, contained in Annex I to Regulation No 2568/87, as amended by Council Regulation (EC) No 254/2000 of 31 January 2000, multifunctional printers, such as those at issue in the main proceedings, combining a laser printing module and a scanning module, with a copying function, released for free circulation in April 2009. [Signatures] ( *1 ) Language of the case: Dutch.
C-361/11
17 Jan 2013Hewlett-Packard Europe BV contre Inspecteur van de Belastingdienst/Douane West, kantoor Hoofddorp
On those grounds, the Court (First Chamber) hereby rules: Consideration of the question raised has disclosed no factor of such a kind as to affect the validity of Commission Regulation (EC) No 1031/2008 of 19 September 2008 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, in so far as it classifies under CN code 8443 31 91 of the Combined Nomenclature, contained in Annex I to Regulation No 2568/87, as amended by Council Regulation (EC) No 254/2000 of 31 January 2000, multifunctional printers, such as those at issue in the main proceedings, combining a laser printing module and a scanning module, with a copying function, released for free circulation in April 2009. [Signatures] ( *1 ) Language of the case: Dutch.