COMMISSION REGULATION (EC) No 471/2002of 15 March 2002 concerning the classification of certain goods in the Combined Nomenclature- "Official Journal of the European Communities", No L 75/13 of 16.3.2002 - |
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), as last amended by Regulation (EC) No 2433/2001(2), and in particular Article 9 thereof,
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(1)OJ L 256, 7.9.1987, p. 1.
(2)OJ L 329, 14.12.2001, p. 4.
Whereas:
(1) In order to ensure uniform application of the Combined Nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.
(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. Those rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivision to it and which is established by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods.
(3) Pursuant to those general rules, the goods described in column 1 of the table annexed to this Regulation should be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3.
(4) For the goods listed under item Nos 1, 3, 4 and 5 of the table in the Annex to this Regulation, it is appropriate that, subject to the measures in force in the Community relating to double-checking systems and to prior and retrospective Community surveillance of textile products on importation into the Community, binding tariff information which is issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which does not conform to the provisions mentioned under item Nos 1, 3, 4 and 5 in the table of the Annex to this Regulation, can continue to be invoked for a period of 60 days by the holder under the provisions in Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(3), as last amended by European Parliament and Council Regulation (EC) No 2700/2000(4)l.
(5) For the goods listed under item No 2 of the table in the Annex to this Regulation, it is appropriate that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature and which does not conform to the provisions mentioned under item No 2 in the table of the Annex to this Regulation, can continue to be invoked for a period of three months by the holder, under the provisions in Article 12(6) of Regulation (EEC) No 2913/92.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
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(3)OJ L 302, 19.10.1992, p. 1.
(4)OJ L 311, 12.12.2000, p. 17.
HAS ADOPTED THIS REGULATION:
Article 1
The goods described in column 1 of the Annex are classified within the Combined Nomenclature under the CN codes indicated in column 2 of the Annex.
Article 2
Subject to the measures in force in the Community relating to double-checking systems and to prior and retrospective Community surveillance of textile products on importation into the Community, binding tariff information issued by the customs authorities of Member States which does not conform to the provisions mentioned under item Nos 1, 3, 4 and 5 in the table of the Annex to this Regulation can continue to be invoked for a period of 60 days, under the provisions of Article 12(6) of Regulation (EEC) No 2913/92.
Binding tariff information issued by the customs authorities of Member States which does not conform to the provisions mentioned under item No 2 in the table of the Annex to this Regulation can continue to be invoked for a period of three months, under the provisions of Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
This 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.
Done at Brussels, 15 March 2002.
For the Commission
Frederik BOLKESTEIN
Member of the Commission
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
(1) |
(2) |
(3) |
1. Article made of cellular plastic, approximately 4 mm thick, (measuring approximately 20 x 24 cm), nearly rectangular, because of its rounded corners, covered on one side with a layer of approximately 0,2 mm of multicoloured printed knitted textile fabric |
6307 90 10 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, notes 7(a) and 8(a) to Section XI, notes 1 and 2(a)(5) to Chapter 59, notes 1 and 2(a) to Chapter 63 and by the wording of CN codes 6307, 6307 90 and 6307 90 10 |
2. Article made of cellular plastic, approximately 4 mm thick, (measuring approximately 20 x 24 cm), nearly rectangular, because of its rounded comers, covered on one side with a layer of approximately 0,2 mm of single coloured knitted textile fabric |
3926 90 99 |
Classification is determined by general rules 1 and 6 for the intepretation of the Combined Nomenclature, note 1 to Chapter 39, note 1(h) to Section XI, notes 1 and 2(a)(5) to Chapter 59 and by the wording of CN codes 3926, 3926 90 and 3926 90 99 |
3. Rectangular, approximately 4 mm thick cellular plastic (polyurethane) (measuring approximately 20 x 21 cm), covered on one side with a layer of approximately 0,2 mm of multi-coloured printed knitted textile fabric |
5903 20 90 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 7(a) to Section XI, notes 1 and 2(a)(5) to Chapter 59 and by the wording of CN codes 5903, 5903 20 and 5903 20 90 |
4. Self-coloured lightweight knitted article for women or girls (86 % nylon, 14 % elastane), to be worn next to the skin, reaching down to just below the bust, with narrow adjustable shoulder straps. It has a low-cut neckline at the front and the back, without opening. There are bands of knitted fabric sewn onto the neckline and the armpits |
6212 10 90 |
Classificaton is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(a) to Chapter 61 and the wording of CN codes 6212, 6212 10 and 6212 10 90 |
There is stitching just below the bust, reinforced on the inside, following the natural shape of the bust |
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The reinforcement of the stitching on the inside of the article serves as a stiffener and, together with the elasticated side panels, provides the support required for brassieres, in accordance with the Harmonised System explanatory notes to heading 6212, first paragraph |
5. Rectangular shaped made-up article (measuring approximately 110 x 160 cm) of woven textile fabric (100% cotton), attached on the two short sides of the woven fabric to each edge of a wooden pole (length: approximately 110 cm) by means of braided cords. Due to the different lengths of the cords the woven textile fabric obtains an asymmetric shape. Above the wooden pole there is a fixing device consisting of two braided cords and a metal ring, which allows the article to be fixed e.g. to a hook. The article does not have a defined seating area |
6306 91 00 |
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, notes 7(e) and 8(a) to Section XI, note 1 to Chapter 63 and by the wording of CN codes 6306 and 6306 91 00 According to general rules 1 and 6, the article is classified under camping goods, because - considering its objective characteristics - the article is made of a rectangular made-up woven textile fabric which is suspended on both sides by means of braided cords and because the article assumes the body shape of the person who sits or lies in it, since the product does not have a defined seating area. The article can be used indoors and outdoors |
(*) The photographs are purely for information.