Commission Regulation (EC) No 1051/2009 of 3 November 2009 concerning the classification of certain goods in the Combined Nomenclature
Modified by
  • Commission Implementing Regulation (EU) 2017/1477of 11 August 2017amending Regulation (EC) No 1051/2009 concerning the classification of certain goods in the Combined Nomenclature, 32017R1477, August 17, 2017
Commission Regulation (EC) No 1051/2009of 3 November 2009concerning the classification of certain goods in the Combined Nomenclature
Article 1The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column (2) of that table.
Article 2Binding 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 3This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX
Description of the goodsClassification(CN code)Reasons
(1)(2)(3)
1.A new four-wheeled vehicle (so-called "All Terrain Vehicle") with a spark-ignition internal combustion piston engine with a power of approximately 15 kW, and a dry weight of approximately 310 kg.The vehicle has the following characteristics:a single seat of a length of approximately 600 mm accommodating the driver only,motorcar type steering system based on the Ackerman principle controlled by a handlebar,brakes on the front and rear wheels,an automatic clutch and reverse gear,an engine specially designed for use in difficult terrain and capable in low ratio of delivering sufficient power,a power transmission shaft drive to the rear wheels,tyres with a deep tread design for off-road use,a hole with fittings for attaching various coupling devices,a towing capacity of approximately 1170 kg (non-braked), anda permanently attached winch suitable for hauling logs.The vehicle is constructed essentially for carrying out forestry work.The various coupling devices are presented together with the vehicle87019011Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 87 and the wording of CN codes 8701, 870190 and 87019011As the vehicle is equipped with a hole with fittings for attaching various coupling devices and shaft drive to the wheels, its intended use is to carry out work in difficult terrain and to haul or push other vehicles, appliances or loads (Note 2 to Chapter 87)Classification under heading 8703 is excluded as the vehicle meets the definition of Note 2 to Chapter 87 and is able to haul or push at least twice its dry weight (non-braked) (see also the CN Explanatory Notes to subheadings 87019011 to 87019090)The winch gives the vehicle the character of a forestry tractor (see also the CN Explanatory Notes to subheadings 87019011 to 87019050)The vehicle is therefore to be classified under CN code 87019011
2.A new four-wheeled vehicle (so-called "All Terrain Vehicle") with a spark-ignition internal combustion piston engine with a power of approximately 15 kW, and a dry weight of approximately 310 kg.The vehicle has the following characteristics:a single seat of a length of approximately 600 mm accommodating the driver only,a motorcar type steering system based on the Ackerman principle controlled by a handlebar,brakes on the front and rear wheels,an automatic clutch and reverse gear,an engine specially designed for use in difficult terrain and capable in low ratio of delivering sufficient power,a power transmission shaft drive to the rear wheels,tyres with a suitable profile for off-road use,a hole with fittings for attaching various coupling devices, anda towing capacity of approximately 1170 kg (non-braked).The various coupling devices are presented together with the vehicle87019090Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 87 and the wording of CN codes 8701, 870190 and 87019090As the vehicle is equipped with a hole with fittings for attaching various coupling devices and shaft drive to the wheels, its intended use is to carry out work in difficult terrain and to haul or push other vehicles, appliances or loads (Note 2 to Chapter 87)Classification under heading 8703 is excluded, as the vehicle meets the definition of Note 2 to Chapter 87 and is able to haul or push at least twice its dry weight (non-braked) (see also the CN Explanatory Notes to subheadings 87019011 to 87019090)Classification as an agricultural tractor or forestry tractor is excluded, as the vehicle neither has a power take-off, a hydraulic lifting device, nor a winch (see also the CN Explanatory Notes to subheadings 87019011 to 87019050)The vehicle is therefore to be classified under CN code 87019090

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