COMMISSION IMPLEMENTING REGULATION (EU) No 550/2014
of 20 May 2014
concerning the classification of certain goods in the Combined Nomenclature
Article 1
Article 2
Article 3
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
(1) |
(2) |
(3) |
An apparatus (so-called ‘flame detector’) consisting of passive infra-red and ultra-violet sensors, an optical filter, an evaluation unit, three output relays (fire alarm, fault and auxiliary relay) and a three colour status LED (indicating normal operation, fire and fault condition), in a cylindrical housing with a diameter of approximately 12 cm and a length of approximately 25 cm. Its operating range is 18 to 30 V DC. The apparatus is a component of a fire alarm system. The sensors simultaneously detect the infra-red and ultra-violet radiation emitted by a fire. If the radiation emitted is above a certain threshold, the apparatus sends an electrical signal via the fire alarm relay to a fire alarm apparatus. The fire alarm apparatus is not included upon presentation. |
8536 50 19 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 8536, 8536 50 and 8536 50 19. Classification as an electric sound or visual signalling apparatus under heading 8531 is excluded as the apparatus has no self-contained alarm capacity (see also the Harmonised System Explanatory Notes (HSEN) to heading 8531, group (H) of the third paragraph). Classification under heading 8537 as an apparatus equipped with two or more apparatus of heading 8535 or 8536 is also excluded as the apparatus is only equipped with apparatus of heading 8536 of the same type (three relays) (see also the HSEN to heading 8537, exclusion (b)). The apparatus only detects that the radiation level emitted by a fire is above a certain threshold, without indicating an exact amount. Detecting changes in the radiation is not the same as measuring or checking quantities of heat. Classification under heading 9027 as instruments or apparatus for measuring or checking quantities of heat is therefore also excluded. The apparatus has the function of an automatic switch and is therefore to be classified under CN code 8536 50 19 as other switches for a voltage not exceeding 60 V. |