Commission Implementing Regulation (EU) No 616/2013

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff^note, and in particular Article 9(1)(a) thereof,Whereas:

(1)In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2)Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3)Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4)It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code^note.

(5)The Customs Code Committee has not issued an opinion within the time limit set by its Chairman,

HAS ADOPTED THIS REGULATION:

Description of the goods	Classification(CN code)	Reasons
(1)	(2)	(3)
An article made of rigid moulded plastic consisting of three or four arms.The article has no free-moving parts (for example, wheels, balls or rollers), soft nubs or other flexible attachments.It is designed to be used as a hand-operated article for massaging the body by rubbing one or more of the arms over the relevant body parts. The massage effect is created by the pressure exerted by the person performing the massage.^note See images	90191090	Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 9019, 901910 and 90191090.Given its specific shape, the article is intended for use as a hand-operated apparatus for massaging the body.The article operates by friction. The absence of free-moving parts does not exclude classification as a massage apparatus (see also the HS Explanatory Notes to heading 9019, (II), second paragraph, where simple rubber rollers and similar massaging devices are mentioned).The article is therefore to be classified under CN code 90191090 as a massage apparatus.

Commission Implementing Regulation (EU) No 616/2013

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