OPTISCHE, FOTOGRAFISCHE ODER KINEMATOGRAFISCHE INSTRUMENTE, APPARATE UND GERATE > OPTISCHE, FOTOGRAFISCHE ODER KINEMATOGRAFISCHE INSTRUMENTE, APPARATE UND GERÄTE; MESS-, PRÜF- ODER PRÄZISIONSINSTRUMENTE, -APPARATE UND -GERÄTE; MEDIZINISCHE UND CHIRURGISCHE INSTRUMENTE, APPARATE UND GERÄTE; TEILE UND ZUBEHÖR FÜR DIESE INSTRUMENTE, APPARATE UND GERÄTE > Instrumente, Apparate, Geräte und Maschinen zum Messen oder Prüfen, in diesem Kapitel anderweit weder genannt noch inbegriffen; Profilprojektoren
This chapter does not cover: articles for general technical purposes (e.g. pumps of heading 8413, metal or graphite packings of heading 8484), parts of general use as defined in Note 2 to Section XV (base metal) or similar parts of plastics (Chapter 39), transfer pumps of heading 8413, or weighing machinery of heading 8423. Note 2 (Parts and accessories): Parts and accessories which are goods included in any heading of this chapter or of Chapter 84, 85 or 91 are classified in their respective headings. Other parts and accessories solely or principally used with instruments of this chapter are classified in heading 9033. The chapter covers a very broad range from lenses and prisms (heading 9001) through microscopes, telescopes, lasers, navigational instruments, drawing instruments, measuring instruments, medical instruments, to X-ray apparatus and physical/chemical analysis instruments.
1. This Section does not cover: (a) articles of a kind used in machines, appliances or for other technical uses, of vulcanised rubber other than hard rubber (heading 4016), of leather or of composition leather (heading 4205) or of textile material (heading 5911); (b) supporting belts or other support articles of textile material whose intended effect on the organ to be supported or held derives solely from their elasticity (for example, maternity belts, thoracic support bandages, abdominal support bandages, supports for joints or muscles) (Section XI); (c) refractory goods of heading 6903; ceramics for laboratory, chemical or other technical uses of heading 6909; (d) glass mirrors, not optically worked, of heading 7009, or mirrors of base metal or of precious metal, not being optical elements (heading 8306 or Chapter 71); (e) goods of heading 7007, 7008, 7011, 7014, 7015 or 7017; (f) parts of general use, as defined in Note 2 to Section XV, of base metal (Section XV) or similar goods of plastics (Chapter 39); however, articles specially designed for use exclusively as parts of specific instruments or apparatus are excluded from this category; (g) pumps, compressors and fans (heading 8413, 8414 or 8421); (h) weighing machinery (heading 8423); lifting machinery (headings 8425 to 8428); (ij) paper- or paperboard-cutting machines (heading 8441); fittings for adjusting work or tools on machine tools or water-jet cutting machines, of heading 8466, including fittings with optical devices for reading scales (e.g. 'optical' dividing heads) but not those which are in themselves essentially optical instruments (e.g. alignment telescopes); (k) articles of Chapter 95. 2. Subject to Note 1 above, parts and accessories for machines, apparatus, instruments or articles of this Section are to be classified according to the following rules: (a) parts and accessories which are goods included in any of the headings of this Section or of Section XV, XVI or XVII are in all cases to be classified in their respective headings; (b) other parts and accessories, if suitable for use solely or principally with a particular kind of machine, instrument or apparatus, or with a number of machines, instruments or apparatus of the same heading, are to be classified with the machines, instruments or apparatus of that kind; (c) all other parts and accessories are to be classified in heading 9033.
Quelle: Europäische Kommission - Erläuterungen zur KN (ENKN) und HS-Anmerkungen.
2015/805
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Chapter 90 and by the wording of CN codes 9031 , 9031 80 and 9031 80 38 . As the instrument contains both angular velocity sensors and a temperature sensor, it is a composite machine fitted together to form a whole within the meaning of note 3 to Chapter 90 (note 3 to Section XVI). As the temperature sensor is mainly used for providing information for compensating the output signal, the principal function of the instrument is performed by the angular velocity sensors. As the instrument is not used for navigation, classification under heading 9014 as navigational instruments or as parts and accessories thereof is excluded. Although the instrument senses the number of degrees per second, it is not similar to speed indicators of heading 9029 , as the detected values are not indicated on the instrument but transmitted, in the form of an electrical signal, to other apparatus. The article is therefore to be classified under CN code 9031 80 38 as other electronic measuring or checking instruments, appliances and machines not specified elsewhere in Chapter 90. Documented CN 2026 code: 90318080, 9031. Commission 2026 transposition note: 9031 80 80 Modification of structure of heading 9031.
1212/2013
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 9031, 9031 90 and 9031 90 85. The product is suitable for use solely or principally with a heartbeat measuring equipment of heading 9031. It is an essential component for the functioning of heartbeat measuring equipment as the latter cannot work without it. The product is therefore to be classified under CN code 9031 90 85 as other parts of measuring or checking instruments, appliances and machines not specified or included elsewhere in Chapter 90. Documented CN 2026 code: 90319000, 9031. Commission 2026 transposition note: 9031 90 00 Modification of structure of heading 9031.
1212/2013
Classification is determined by general rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, note 3 to Chapter 90 and by the wording of CN codes 9031, 9031 80 and 9031 80 38. The heartbeat sensor and the heart rhythm monitoring device are intended to contribute together to a clearly defined function within the meaning of note 3 to Chapter 90 in conjunction with note 4 to Section XVI as the sensor captures the heartbeats and sends the signals to the monitoring device for processing and displaying. The equipment is composite goods made up of components classified under Chapter 90 (measuring or checking device) and Chapter 91 (watch). By virtue of rule 3(b) it is to be classified as if it consisted of the component which gives the equipment its essential character. Given the equipment’s objective characteristics, namely the preponderance of components with the heartbeat measuring and monitoring function, the essential character of the equipment is given by the measuring components. The clock function of the equipment is ancillary to its function as a measuring apparatus since an apparatus for performing measurements based on time (heartbeats per minute) relies on a clock for establishing the time comparison when processing the measurement. Consequently, classification under heading 9102 as a watch is excluded. Classification under heading 9018 as a medical instrument or appliance is also excluded as the apparatus is generally not used in medical professional practice (see also the first paragraph of the Harmonised System Explanatory Notes (HSEN) to heading 9018). Performing a measurement in relation to a time factor (determination of the heart rhythm or heartbeats per minute) is not counting a total number of units of any kind (see also the HSEN to heading 9029, point (A)). Consequently, classification under subheading 9029 10 00 as revolution counters, production counters, taximeters, milometers, pedometers and the like is excluded. The determination of the heart rhythm (heartbeats per minute) is not the determination of the speed of revolution or the linear speed (see also the HSEN to heading 9029, point (B)). Consequently, classification under subheading 9029 20 as speed indicators and tachometers is also excluded. The equipment is therefore to be classified under CN code 9031 80 38 as other electronic measuring or checking instruments, appliances and machines not specified or included elsewhere in Chapter 90. Documented CN 2026 code: 90318080, 9031. Commission 2026 transposition note: 9031 80 80 Modification of structure of heading 9031.