COMMISSION REGULATION (EC) No 763/2002 of 3 May 2002 concerning the classification of certain goods in the Combined Nomenclature - "Official Journal of the European Communities", No L 117/13 of 4.5.2002 -

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 578/2002(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. 8.

Whereas:

(1) In order to ensure uniform application of the combined nomenclature annexed to the said Regulation, 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 the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the CN codes indicated in column 2, by virtue of the reasons set out in column 3.

(4) 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 of this Regulation, can continue to be invoked, 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), for a period of three months by the holder.

(5) 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 annexed table are classified within the Combined Nomenclature under the CN codes indicated in column 2 of the said table.

Article 2

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 under the provisions of Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months.

Article 3

This Regulation shall enter into force on the 20th day following that of 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, 3 May 2002.

For the Commission
Frederik BOLKESTEIN
Member of the Commission

 

ANNEX

Description of goods	CN Code	Reasons
(1)	(2)	(3)
Drip irrigation tube, manufactured from a thin flexible plastic strip folded lengthways. The two edges are overlapped and joined together to form a flat perforated tube. The product is presented in rolls of various lengths	3917 32 99	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, by Note 8 to Chapter 39 and by the wording of CN codes 3917, 3917 32 and 3917 32 99. The classification is based on the form and the constituent material of the product. The product is a tube made of plastics. By virtue of Note 8 to Chapter 39, it is classifiable under heading 3917. It cannot be considered as an irrigation system of heading 8424 or a part thereof.