Description of the goods

Classification (CN code)

Reasons

(1)

(2)

(3)

1.  An apparatus for the recording, reproducing and displaying of still images (so-called ‘digital photo frame’), with overall dimensions 17 (L) × 12,9 (W) × 12,3 (D) cm, consisting of the following main components in a single housing:

The images are transferred to the internal memory of the apparatus from a compatible device (such as a mobile phone, automatic data-processing machine or a digital camera) via an infra-red signal or with a SIM card through the Multimedia Messaging Service (MMS).

The images can also be transferred from the apparatus via the infra-red signal to a compatible device.

The apparatus supports JPEG and GIF formats with a maximum resolution of 1 024 × 728 pixels.

The apparatus can display images in a single-image or slideshow mode.

Its internal memory can store up to 50 images.

8528 59 70

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528 , 8528 59 and 8528 59 70 .

As the apparatus is designed for the purpose of performing three functions within the meaning of note 3 to Section XVI (recording, reproducing and displaying images), it is to be classified as if consisting only of that machine which performs the principal function.

Due to its capability of displaying images, the principal function of the apparatus is considered to be that of a monitor, which is an individual function specified in heading 8528 .

The fact that the signals are not displayed directly from external sources does not exclude classification under heading 8528 since monitors of that heading may be capable of receiving a variety of signals from different sources (see also the Harmonized System Explanatory Notes (HSEN) to heading 8528 , third paragraph).

The apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.

2.  An apparatus for the recording, reproducing and displaying of still and video images, as well as for the recording and reproducing of sound (so-called ‘digital picture frame’), with overall dimensions 33 (W) × 24,1 (H) × 4,1 (D) cm, consisting of the following main components in a single housing:

It supports the following formats:

Different types of solid-state non-volatile storage devices can be inserted into the memory card slots.

The images may be displayed in single image, slideshow or thumbnails mode.

8528 59 70

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 3 to Section XVI and by the wording of CN codes 8528 , 8528 59 and 8528 59 70 .

As the apparatus is designed for the purpose of performing three functions within the meaning of note 3 to Section XVI (recording, reproducing and displaying images), it is to be classified as if consisting only of that machine which performs the principal function.

Given the design and the concept of the apparatus, its purpose is to display still and video images. Recording still and video images is to be considered as a secondary function of the apparatus. Therefore its principal function is considered to be that of a monitor, which is an individual function specified in heading 8528 .

The fact that the signals are not displayed directly from external sources does not exclude classification under heading 8528 since monitors of that heading may be capable of receiving a variety of signals from different sources (see also the HSEN to heading 8528 , third paragraph).

The apparatus is not able to display signals directly from an automatic data-processing machine as the USB interfaces are only used for the transfer of media files. Consequently, classification under subheadings 8528 51 00 and 8528 59 31 is excluded.

The apparatus is therefore to be classified under CN code 8528 59 70 as other monitors.