COMMISSION REGULATION (EC) No 961/2000

of 5 May 2000 concerning the classification of certain goods in the Combined Nomenclature

- Official Journal of the European Communities", No L 109/16 od 6.5.2000 -

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 254/2000(2), and in particular Article 9 thereof,

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(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 28, 3.2.2000, p. 16.

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 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, which 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, 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, 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 955/1999(4), until 1 January 2001 by the holder, in order to grant holders of binding tariff information sufficient time to enable them to adapt their business practices.

(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 119, 7.5.1999, p. 1.

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

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 under the provisions of Article 12(6) of Regulation (EEC) No 2913/92 until 1 January 2001.

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, 5 May 2000.

For the Commission
Frederik BOLKESTEIN
Member of the Commission

ANNEX

Description

Classification (CN code)

Reasons

(1)

(2)

(3)

1. Woven dyed blue coloured cross twill fabric (60% cotton and 40% polyester) with a weight of 300 g/m2, with a width of approximately 150 cm. The fabric has a faded greenish printed inscription showing a company logo, measuring approximately 4 cm in height and approximately 2 cm in width situated approximately 13 cm from the selvedge and continuously repeated at approximately 20 cm intervals along both edges

(See photograph No 599 A + B) (*)

5211 32 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(A) to Section XI, subheading note 1(g) to Section XI, note 1 to Chapter 54 and the wording of CN codes 5211 and 5211 32 00

The printed inscription does not confer on the product the characteristics of a printed fabric

2. Woven dyed light blue coloured fabric (100% polyester) with a width of approximately 150 cm, made of staple fibres. The fabric has a yellow-coloured printed inscription "DYED AND FINISHED IN THE UNITED KINGDOM A MEMBER OF THE EEC" measuring approximately 0,4 cm in height situated approximately 1,2 cm from the selvedge

(See photograph No 598 A + B) (*)

5512 19 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, subheading note 1(g) to Section XI, note 1 to Chapter 54 and the wording of CN codes 5512, 5512 19 and 5512 19 90

The printed inscription does not confer on the product the characteristics of a printed fabric

3. Woven dyed blue coloured cross twill fabric (65% polyester and 35% cotton) with a weight of 245 g/m2, with a width of approximately 150 cm, made of staple fibres. The fabric has a black printed inscription showing a company logo, measuring approximately 1,5 cm in height and approximately 3 cm of width situated approximately 4,5 cm from the selvedge on one side and approximately 9 cm on the other side and continuously repeated at approximately 28 cm intervals along both edges

(See photograph No 601 A + B) (*)

5514 22 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(A) to Section XI, subheading note 1(g) to Section XI, note 1 to Chapter 54 and the wording of CN codes 5514 and 5514 22 00

The printed inscription does not confer on the product the characteristics of a printed fabric

4. Woven dyed black coloured fabric (65% polyester and 35% viscose) with a weight of 320 to 340 g/m2, with a width of approximately 150 cm, made of staple fibres. The fabric has a yellow-coloured printed inscription "...SHED IN THE UNITED KINGDOM A MEMBER OF THE E.E.C.", measuring approximately 0,4 cm in height situated approximately 0,5 cm from the selvedge, situated on one edge

(See photograph No 597 A + B) (*)

5515 11 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(A) to Section XI, subheading note 1(g) to Section XI, note 1 to Chapter 54 and the wording of CN codes 5515, 5515 11 and 5515 11 90

The printed inscription does not confer on the product the characteristics of a printed fabric

5. Woven dyed black coloured fabric (65% polyester and 35% viscose) with a weight of 320 g/m2, with a width of approximately 150 cm, made of staple fibres. The fabric has a yellow-coloured printed inscription "DYED AND FINISHED IN THE UNITED KINGDOM A MEMBER OF THE E.E.C.", measuring approximately 0,4 cm in height situated approximately 0,5 cm from the selvedge and continuously repeated at approximately 17 cm intervals along both edges

(See photograph No 600 A + B) (*)

5515 11 90

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(A) to Section XI, subheading note 1(g) to Section XI, note 1 to Chapter 54 and the wording of CN codes 5515, 5515 11 and 5515 11 90

The printed inscription does not confer on the product the characteristics of a printed fabric

(*) The photographs are merely for illustrative purposes.