Schienen und andere Vorrichtungen zum Behandeln von Knochenbrüchen

2022/1522

Classification is determined by general rules (GIR) 1, 2(a), 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 6 to Chapter 90 of the Combined Nomenclature and by the wording of CN codes 9021 , 9021 10 , 9021 10 10 and 9021 10 90 . The unassembled article has the essential character of the finished article within the meaning of GIR 2(a). The finished article is an appliance (a spinal fixation system) that, when implanted in the human body, joins vertebrae or keeps or forces vertebrae in position. Depending on the actual function the article eventually has within the body, it is either a fracture appliance (of CN code 9021 10 90 ) or an orthopaedic appliance (of CN code 9021 10 10 ). In its function as an orthopaedic appliance, it prevents or corrects bodily deformities (for example, in the case of scoliosis) or it supports or holds parts of the body (for example, in the case of degenerative disc disease) within the meaning of Note 6 to Chapter 90. Classification under code CN 9021 90 90 is excluded because the product is covered by more specific headings. At the time of importation, neither the actual nor the intended use of the article as either a fracture or an orthopaedic appliance is known. The intended use of the article is not inherent to the article, because it is not possible to determine from its objective characteristics and properties whether it is to become a fracture or an orthopaedic appliance, because it is equally suitable for both purposes. Consequently, at the time of importation, the principal function of the article within the meaning of Note 3 to Chapter 90 together with Note 3 to Section XVI is neither known nor can it be determined from its objective characteristics and properties. Therefore, the article is to be classified last in numerical order among the CN codes which equally merit consideration within the meaning of GIR 3(c) together with GIR 6. Consequently, the article is to be classified under CN code 9021 10 90 as splints and other fracture appliances. Documented CN 2026 code: 90211090.

1213/2014

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 9021, 9021 10 and 9021 10 90. Due to its objective characteristics, namely the presence of the cannulated shaft, the product does not entirely correspond to a screw of base metal. Consequently, it cannot be considered a part of general use (screw) as referred to in note 2 to Section XV. Therefore, classification under heading 8108 is excluded. The product is therefore to be classified under CN code 9021 10 90 as splints and other fracture appliances. Documented CN 2026 code: 90211090.

1214/2014

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(b) to Chapter 90 and by the wording of CN codes 9021, 9021 10 and 9021 10 90. Due to its objective characteristics, namely the presence of the polyaxial U-shaped head with the locking cap, the product does not entirely correspond to a screw of base metal. Consequently, it cannot be considered a part of general use (screw) as referred to in note 2 to Section XV. Therefore, classification under heading 8108 is excluded. The product is therefore to be classified under CN code 9021 10 90 as splints and other fracture appliances. Documented CN 2026 code: 90211090.

Kinova Europe GmbH v Hauptzollamt Hannover

On those grounds, THE GENERAL COURT (Fifth Chamber, sitting with five Judges) hereby rules: Heading 9021 of the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version resulting from Commission Implementing Regulation (EU) 2019/1776 of 9 October 2019, must be interpreted as meaning that the expressions ‘orthopaedic appliances’ and ‘other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability’, referred to by that heading, do not cover a robotic arm attached to an electric wheelchair which is operated by means of a joystick or a head control in order to perform movements imitating the movements of a human arm to handle certain objects. Papasavvas Sampol Pucurull Laitenberger Stancu Valasidis Delivered in open court in Luxembourg on 3 June 2026. [Signatures] * Language of the case: German.

Amoena Ltd v Commissioners for Her Majesty's Revenue and Customs

On those grounds, the Court (Tenth Chamber) hereby rules: The examination of the questions referred has not revealed any elements capable of affecting the validity of Commission Implementing Regulation (EU) 2017/1167 of 26 June 2017 concerning the classification of certain goods in the Combined Nomenclature. Jarukaitis Juhász Lycourgos Delivered in open court in Luxembourg on 19 December 2019. A. Calot Escobar Registrar I. Jarukaitis President of the Tenth Chamber ( *1 ) Language of the case: English.

Skatteministeriet v Estron A/S

On those grounds, the Court (Sixth Chamber) hereby rules: 1. Note 2(a) to Chapter 90 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1031/2008 of 19 September 2008, read in conjunction with General Rules Nos 1 and 6 for the interpretation of the Combined Nomenclature, must be interpreted as meaning that the expression ‘Parts and accessories which are goods included in any of the headings of this chapter or of Chapter 84, 85 or 91’ in that note refers only to the four-digit headings of those chapters. 2. It is for the referring court to classify the hearing aid connectors at issue in the main proceedings for customs purposes in the light of the indications provided by the Court in answer to the questions that the referring court referred to it for a preliminary ruling. 3. Note 1(m) to Section XVI of the Combined Nomenclature in Annex I to Regulation No 2658/87, as amended by Regulation No 1031/2008, must be interpreted as meaning that, where goods are included in Chapter 90, they cannot also be included in Chapters 84 and 85 thereof. [Signatures] ( *1 ) Language of the case: Danish.