Commission Regulation (EC) No 738/2000 of 7 April 2000 concerning the classification of certain goods in the Combined Nomenclature

Commission Regulation (EC) No 738/2000of 7 April 2000concerning the classification of certain goods in the Combined Nomenclature

Article 1The goods described in column 1 of the annexed table are now classified within the Combined Nomenclature under the CN codes indicated in column 2 of the said table.

Article 2Binding tariff information issued by the customs authorities of Member States which does not conform to the provisions of this Regulation can continue to be invoked under the provisions of Article 12(6) of Regulation (EEC)No 2913/92 for a period of three months.

Article 3This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX

The illustrations are purely for information.

Description of goods	Classification(CN code)	Reason
(1)	(2)	(3)
1.A flexible product used for the temperature-controlled distribution of gases or liquids. It consists of the following components (from the inside outwards):a flexible plastic tube for transporting the material, having a minimum burst pressure of 27,6 MPaan electrical heating band, which is separated from the transport tube by an aluminium platea layer of aluminium foil, that covers the transport tube, the heating band and the aluminium platean insulated electric cable for controlling the heating banda layer of fleece materialan outside covering of flexible synthetic materialThe product is imported in lengths without fittings	39173190	Classification is determined by the provisions of General Rules 1, 3b and 6 for the interpretation of the Combined Nomenclature, Note 8 to Chapter 39 and the wording of CN codes 3917, 391731 and 39173190The plastic tube, which is the decisive element for the transport of material, gives the product its essential character
2.A flexible product used for the temperature-controlled distribution of gases or liquids. It consists of the following components (from the inside outwards):A bundle of flexible plastic tubes for transporting the materialan electrical heating band, which is separated from the transport tubes by an aluminium platea layer of aluminium foil, that covers the transport tubes, the heating band and the aluminium platean insulated electric cable for controlling the heating banda layer of fleece materialan outside covering of flexible synthetic materialThe product is imported in lengths without fittings	39269099	Classification is determined by the provisions of General Rules 1, 3b and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3926, 392690 und 39269099The number of plastic tubes, which is the decisive element for the transport of material, gives the product its essential character
3.A vehicle equipped with a hydraulic lifting device fitted with a working platformThe vehicle consists of a lorry chassis with a cabin for a driver and passengers. It is powered by a diesel engine. It is suitable for driving on public roads independantlyThe lifting device is permanently fitted on the vehicle. It consists of a telescopic jib for vertical movements, which can rotate. It has a working platform with a size of 0,60 m × 1,20 m, and a safety railing. The controls of the lifting device are mounted on the platform. The vehicle has 4 retractable stabilisers which rest on the ground when the lifting device is being usedThe lifting device has a maximum height of 12 m and can lift up to 325 kgSee illustration A	87059090	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 8705, 870590 and 87059090The vehicle is a special purpose motor vehicle of heading 8705
4.A vehicle equipped with a hydraulic lifting device fitted with a working platform and forksThe vehicle has a battery-operated electric motor used for operating the lifting device and moving the vehicle. The controls of the lifting device are mounted on the working platformThe vehicle is not suitable for driving on public roadsThe lifting device has a maximum height of 2,50 m and can lift up to 1200 kgSee illustration B	84271010	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 8427, 842710 and 84271010This self-propelled vehicle is designed for the transport of goods, as well as elevating goods and persons
5.A vehicle equipped with a hydraulic lifting device fitted with a working platformThe vehicle consists of a flat surface upon which a lifting device and an electric motor and the lifting device are mounted, which operates the vehicle and the lifting device. The controls of the lifting device are mounted on the working platform. The vehicle has 4 large wheels (12,5 × 16"). It has a gradeability of 25 % and a maximum driving speed of 4,3 km/h. It is not suitable for driving on public roads without being towed by another motor vehicleThe lifting device is permanently fitted on the vehicle. It consists of a telescopic jib for horizontal and vertical movements. It has a working platform with a size of 0,66 m × 1,5 m and a safety railingThe lifting device has a maximum height of 15,5 m and can lift up to 227 kgSee illustration C	84289098	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 8428, 842890 and 84289098This self-propelled vehicle is not suitable for the transport of goods. It is designed for elevating goods and persons only
6.A hydraulic lifting device, with 4 wheels, fitted with a working platformThe lifting device has a motor used for operating the lifting jib only. The controls of the telescopic jib are mounted on the working platformThe lifting device has 4 retractable stabilisers which rest on the ground when the device is being used. It does not have a motor for driving. It is not suitable for driving on public roadsThe hydraulic lifting device is a telescopic jib for vertical movement. It has a working platform with a size of 0,66 m × 0,66 m and a safety railingThe lifting device has a maximum height of 12,8 m and can lift up to 160 kgSee illustration D	84289098	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 8428, 842890 and 84289098This lifting device is neither self-propelled nor suitable for the transport of goods. It is designed for elevating goods and persons only

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