COMMISSION REGULATION (EC) No 347/2001of 19 February 2001 concerning the classification of certain goods in the Combined Nomenclature- "Official Journal of the European Communities", No L 52/8 of 22.2.2001 - |
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 2559/2000(2), and in particular Article 9 thereof,
__________
(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 293, 22.11.2000, p. 1.
Whereas:
(1) In order to ensure inform 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 set 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.
__________
(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 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, 19 February 2001.
For the Commission
Frederik BOLKESTEIN
Member of the Commission
ANNEX
Description |
Classification |
Reasons |
(1) |
(2) |
(3) |
1. Four items packaged together for retail sale and consisting of: |
|
These four items cannot be considered as 'goods put up in sets for retail sale' because they do not meet a particular need or serve to carry out a specific activity. |
(a) A single coloured knitted net garment which covers the lower part of the body from waist to upper thigh (100% synthetic fibres) for a child. With an elasticated waist, two layers of trim attached to waist band, one of knitted net and one of knitted 100% synthetic fibres. |
6104 53 00 |
Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 6104 and 6104 53 00 |
(skirt) |
|
|
(See photograph No 610A)(*) |
|
|
(b) A plastic wand with metallic star and a feather trim. (See photograph No 610 B) (*) |
9503 90 32 |
Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 9503, 9503 90 and 9503 90 32. |
(c) A pair of dancing slippers (toys) with a textile upper, elastic around the upper edge and across the width of the shoe, which is trimmed with ribbon. With plastic soles. On the front of each dancing slipper there is a rosette made of knitted net, and a bow of 100% synthetic fibres. |
9503 90 37 |
Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 1(f) of Chapter 64 and the wording of CN Codes 9503, 9503 90 and 9503 90 37. |
(d) A handbag of clear plastic sheet with a design printed on the front. With a zip closure. With webbing shoulder strap (not adjustable). With trim around the edges. |
4202 22 10 |
Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 4202, 4202 22 and 4202 22 10. |
Measures: 16 cm x 13,5 cms x 4,5 cm (handbag) |
|
Note 1(d) to Chapter 95 excludes 'sports bags or other containers of heading 4202, 4303 and 4304'. |
(See photograph No 610 D) (*) |
|
|
2. Three items packaged together for retail sale and consisting of: |
6204 43 00 |
Classification is determined by the provisions of General Rules 1, 3(b) and 6 for the interpretation of the Combined Nomenclature, and the wording of CN codes 6204 and 6204 43 00. |
(b) Two knitted accessories consisting of a knitted veil and a textile bouquet (100 % synthetic fibres). |
|
|
The goods are packaged together as a fancy dress set for a child |
|
|
(dress) |
|
|
(See photograph No 611 (*) |
|
|
3. Sandal with outer soles of rubber, with sole and heel combined having a height of less than 3 cm and with insoles of a length of 24 cm or more. The majority of the external surface of the upper consists of straps of leather lined with woven man-made fibre fabrics. Three straps of textile material fasten across the forefoot with a velcro-type fastening. |
6403 99 33 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4 to Chapter 64, additional note 1 to Chapter 64 and the wording of CN codes 6403, 6403 99 and 6403 99 33. |
4. Indoor footwear with a knitted upper of pile fabrics with an applied ribbing covering the ankle with an animal head (monkey) made of the same material as the remainder of the upper sewn to the vamp. |
6405 20 91 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4(b) to Chapter 64, additional note 2 to Chapter 64 and the wording of CN codes 6405, 6405 20 and 6405 20 91 |
(*) The photographs are purely for information