Commission Implementing Regulation (EU) No 773/2011 of 2 August 2011 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Implementing Regulation (EU) No 773/2011
• Articles: 4

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 three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

A foot-propelled, two wheeled vehicle of a weight of approximately 10 kg.

It consists of:

—

a steel frame with a chrome-plated aluminium fork with suspension,

—

height adjustable handlebars,

—

a platform with dimensions of approximately 38 × 11 cm, with holes and grip tape,

—

two wheels with the following dimensions: 26 inches (front) and 18 inches (rear),

—

hand-operated front and rear brakes, and

—

a kickstand.

The vehicle does not have a saddle, pedals or a crank gear.

The height of the handlebars, when fully extended, is 97 cm.

( *1 ) See image

8716 80 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8716 and 8716 80 00 .

Classification as a scooter or a similar wheeled toy of CN code 9503 00 10 is excluded as, although it is foot-propelled and features a platform, most of the characteristics of the vehicle, such as the size, brakes, wheels, front fork or the suspension, do not correspond to those of a scooter or a toy of heading 9503 00 .

The vehicle is therefore to be classified under CN code 8716 80 00 as a vehicle, not mechanically propelled.

( *1 )   The image is only for information.