Commission Implementing Regulation (EU) No 714/2012 of 30 July 2012 concerning the classification of certain goods in the Combined Nomenclature

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 .

ANNEX

ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1)
(2)
(3)
1.
A product consisting of a flexible keypad membrane made of silicone with 19 incorporated keycaps and with dimensions of approximately 65 × 40 × 1 mm.
The product has printed keycaps representing an alpha/numeric keyboard, call buttons and other buttons typical of mobile phones.
Underneath each keycap there is an electrical contact element made of silicone impregnated with carbon.
The product has a specific shape and design and is intended for incorporation in a particular model of a mobile phone.
8517 70 90
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and by the wording of CN codes 8517 , 8517 70 and 8517 70 90 .
Classification under heading 8536 as a switch is excluded as the product comprises only a part (one side of the contact points) of a switching device (see also CN Explanatory Notes to heading 8536 , point (8)).
The product is an essential part for the operation of a mobile phone and cannot be used independently for other purposes. Also, it is specially adapted for use in a particular model of a mobile phone. In particular, its shape and method of operation preclude any other use (see also judgment of the Court of Justice of the European Union in Case C-183/06). Consequently, classification under heading 8538 as a part suitable for use solely or principally with a switching device is also excluded.
The product is therefore to be classified under CN code 8517 70 90 as a part of a mobile phone.
2.
A product (so-called ‘keyboard flex assembly’), the main body of which has dimensions of approximately 56 × 42 × 1 mm and which comprises two membranes constituting a switching device:
—
an upper membrane of polyimide containing 24 copper contact points on the bottom side,
—
a lower membrane of polyimide containing a printed circuit with 24 copper contact points on the upper side.
Over the upper membrane there is a protective transparent plastic sheet printed with an image representing a mobile phone keyboard, and under the lower membrane a protective paper sheet.
The following components are connected to the main body of the product:
—
two flat electrical conductors with connectors,
—
two printed circuit assemblies containing active and passive components, a light sensor and a ‘Hall effect’ switch for controlling the lighting system of the keyboard.
The product has a specific shape and design and is intended for incorporation in a particular model of a mobile phone.
8517 70 90
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(b) to Section XVI and by the wording of CN codes 8517 , 8517 70 and 8517 70 90 .
In addition to the two membranes with corresponding contact points for switching electrical circuits, the product incorporates printed circuit assemblies for controlling the lighting system of the keyboard. Classification as a switching device for electrical circuits under heading 8536 is therefore excluded.
The product is an essential part for the operation of a mobile phone and cannot be used independently for other purposes. Also, it is specially adapted for use in a particular model of a mobile phone. In particular, its shape and method of operation preclude any other use (see also judgment of the Court of Justice of the European Union in Case C-183/06).
The product is therefore to be classified under CN code 8517 70 90 as a part of a mobile phone.

Commission Implementing Regulation (EU) No 714/2012 of 30 July 2012 concerning the classification of certain goods in the Combined Nomenclature

Schedules & Appendices

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