COMMISSION REGULATION (EC) No 1017/2002of 13 June 2002 concerning the classification of certain goods in the Combined Nomenclature- "Official Journal of the European Communities", No L 155/23 of 14.6.2002 - |
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 Commission Regulation (EC) No 796/2002(2), and in particular Article 9 thereof,
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(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 128, 15.5.2002, p. 1.
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 apply also 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 code(s) indicated in column 2, by virtue of the reasons set out in column 3.
(4) 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 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 of 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 Regulation (EC) No 2700/2000 of the European Parliament and of the Council(4).
(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
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(3) OJL 302, 19.10.1992, p. 1.
(4) OJL 311, 12.12.2000, p. 17.
HAS ADOPTED THIS REGULATION:
Article 1
In the table in the Annex, the goods described in column 1 shall be classified, in the Combined Nomenclature, in the corresponding CN codes indicated in column 2.
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 of 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.
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, 13 June 2002.
For the Commission
Frederik BOLKESTEIN
Member of the Commission
ANNEX
Description |
CN code |
Reasons |
(1) |
(2) |
(3) |
1. Thin knitted non-run interlock wiper of 100% polyester measuring approximately 21 cm x 21 cm. All four edges are heat sealed. (Cleaning cloth) (See photograph No 620 (*)) |
6307 10 10 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7(c) to Section XI, Note 1 to Chapter 63 and by the wording of CN codes 6307, 6307 10 and 6307 10 10. Due to the fact that the edges are heat sealed, the article is considered to be made-up. See also the HS Explanatory Notes to Section XI, General, (II), "Made up articles", point 3. See also the HS Explanatory Note to heading 6307, point 1. |
2. A woven, five-pointed star, containing metalised and other yarns, stuffed with a synthetic material and measuring approximately 8 cm x 8 cm. There is a loop of hanging made from a metalised thread on one of the points. (Other made up article - article for decoration) (See photograph No 623 (*)) |
6307 90 99 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, notes 7(a) and (e) to Section XI, Note 1 to Chapter 63 and by the wording of CN codes 6307, 6307 90 and 6307 90 99. Taking into account the general appearance of this article, it can be used throughout the whole year and not exclusively or essentially at Christmas. Classification under heading 9505 is therefore excluded. |
(*) The photographs are purely for illustration.