Commission Implementing Regulation (EU) 2021/530 of 22 March 2021 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Implementing Regulation (EU) 2021/530
• 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)

A portable hand-held electromechanical appliance for personal skin care. The appliance is oval shaped and measures approximately 75 × 80 × 30 mm. It has a waterproof housing and a built-in electric motor producing vibrations (so-called sonic pulsations).

The outer surface of the appliance is made of silicone, with hypoallergenic silicone brushes on both sides. The surface of the appliance is divided into three zones, each with a different thickness of brushes. On the front side of the appliance there is an on/off button and a button to increase/decrease the intensity of pulsation.

The appliance is designed to be used for cleansing the skin on the face with a cleanser and vibrating brushes. When cleansing the skin, a facial massage occurs as an additional effect due to the pulsations.

The appliance is of the kind commonly used for domestic purposes, when travelling etc.

8509 80 00

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, by Note 3 to Section XVI in combination with Note 3 to Chapter 90, Note 4 (b) to Chapter 85 and by the wording of CN codes 8509 and 8509 80 00 .

The appliance performs the function of a domestic facial cleaner (see also the Harmonized System Explanatory Note (HSEN) to heading 8509 , first paragraph) as well as a massage function, but the latter is only ancillary. By virtue of Note 3 to Section XVI, machines designed for the purpose of performing two or more complementary functions are to be classified on the basis of the principal function. Therefore, classification under heading 9019 as massage apparatus is excluded.

Consequently, the appliance is to be classified under CN code 8509 80 00 as an electromechanical domestic appliance, with self-contained electric motor.