{
  "url": "https://openlegislation.uk/eu-regulation-2011-428/annex",
  "json_url": "https://openlegislation.uk/eu-regulation-2011-428/annex.json",
  "legislation": "eur/2011/428",
  "legislation_title": "Commission Regulation (EU) No 428/2011 of 27 April 2011 concerning the classification of certain goods in the Combined Nomenclature",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2011-428",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "Description of the goods\nClassification(CN code)\nReasons\n(1)\n(2)\n(3)\n1.\nA battery-powered apparatus in the form of a cylinder with dimensions of approximately 21 cm in height with a diameter of 9 cm and a weight of approximately 310 g (so-called ‘aerosol dispenser’) specifically designed to be used together with an interchangeable aerosol can.\nThe apparatus comprises:\nan electromechanical system for the activation of the spraying mechanism of the aerosol can,\na sensor and buttons for activation of the electromechanical system, and\na plastic housing with an aperture enabling the dispersal of aerosol when the electromechanical system is activated.\nThe apparatus, when equipped with an aerosol can, is capable of freshening air within a limited space inside a building by dispersing portions of fragrance, either when the sensor detects the presence of a person, or at regular pre-set intervals.\n8509 80 00\nClassification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3(b) to Chapter 85 and by the wording of CN codes 8509 and 8509 80 00.\nGiven that the apparatus itself does not project, disperse or spray but merely activates the spraying mechanism of the aerosol can, classification under heading 8424 is excluded.\nThe apparatus is an electromechanical appliance with a self-contained motor of heading 8509 of the kind commonly used for domestic purposes.\nIt is therefore to be classified under CN code 8509 80 00.\n2.\nA set put up for retail sale consisting of:\nan electromechanical appliance (so-called ‘aerosol dispenser’), and\nan interchangeable aerosol can.\nThe ‘aerosol dispenser’ is a battery-powered apparatus in the form of a cylinder with dimensions of approximately 21 cm in height with a diameter of 9 cm and a weight of approximately 310 g comprising:\nan electromechanical system for the activation of the spraying mechanism of the aerosol can,\na sensor and buttons for activation of the electromechanical system, and\na plastic housing with an aperture enabling the dispersal of aerosol when the electromechanical system is activated.\nThe aerosol can contains a prepared room deodoriser, perfumed, of CN code 3307 49 00.\nThe ‘aerosol dispenser’, when equipped with an aerosol can, is capable of freshening air within a limited space inside a building by dispersing portions of fragrance, either when the sensor detects the presence of a person, or at regular pre-set intervals.\nThe aerosol can is consumable goods which can be replaced when empty by another aerosol can of the same dimensions.\n8509 80 00\nClassification is determined by General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, Note 3(b) to Chapter 85 and by the wording of CN codes 8509 and 8509 80 00.\nThe component that gives the set its essential character is the aerosol dispenser because it is permanently used, whereas the aerosol can has to be replaced when empty.\nGiven that the apparatus itself does not project, disperse or spray but merely activates the spraying mechanism of the aerosol can, classification under heading 8424 is excluded.\nThe apparatus is an electromechanical appliance with a self-contained motor of heading 8509 of the kind commonly used for domestic purposes.\nThe set is therefore to be classified under CN code 8509 80 00.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2011/428/annex",
    "retrieved_at": "2026-11-01T14:50:10.851057+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}