Commission Implementing Regulation (EU) 2017/182 of 27 January 2017 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Implementing Regulation (EU) 2017/182
• 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 which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

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)

Articles (so-called ‘thumb grips for a game console controller’) measuring approximately 20 mm in diameter and 6 mm in height made of elastic silicone (plastics) with an anti-slip surface. They are equipped with a self-adhesive aluminium profile, cut to the design of the support.

These grips are used as caps on the joysticks of a game console controller.

The thumb grip caps are intended to protect the game controller against the sweat, wear and tear caused by intensive use, as well as to prevent fingers from slipping off the controller, by means of their anti-slip surface.

See image  ( *1 )

3926 90 97

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3926 , 3926 90 and 3926 90 97 .

The ‘thumb grips’ merely enhance the function of the game controller. Thus, they are neither adapting the game controller for a particular operation, nor increasing its range of operations, nor performing a particular service relative to the main function of the game controller or of the game console (see case C-152/10 Unomedical ECLI:EU:C:2011:402, paragraphs 13, 29 and 38).

Consequently, the classification as an accessory of video game consoles and machines of heading 9504 is excluded.

The article is therefore to be classified according to its constituent material (plastics) under CN code 3926 90 97 as other articles of plastics.

( *1 )   The image is purely for information.