COMMISSION REGULATION (EC) No 1564/2000

of 18 July 2000 concerning the classification of certain goods in the Combined Nomenclature

- "Official Journal of the European Communities", No L 180/5 of 19.7.2000 -

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(1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EC) No 1264/2000(2), and in particular Article 9 thereof,

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(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 144, 17.6.2000, p. 6.

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 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, 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 Council and European Parliament Regulation (EC) No 955/1999(4), for a period of 60 days 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 119, 7.5.1999, p. 1.

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are now 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 for a period of 60 days.

Article 3

This Regulation shall enter into force on the dwentieth 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, 18 July 2000.

For the Commission
Frederik BOLKESTEIN
Member of the Commission

ANNEX

Description

Classification
CN code

Reason

(1)

(2)

(3)

1. Glove of knitted cotton fabric, the outer surface of which is covered by dipping in natural rubber (latex).

This glove is for domestic use. (See photograph No 602) (*)

6116 10 20

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Chapter 40, Note 7 to Section XI, Note 4(a) to Chapter 59, Note 1 to Chapter 61 and the wording of CN codes 6116, 6116 10 and 6116 10 20.

See also the HS Explanatory Notes to Headings 4015 and 6116.

Taking into account that the weight of the coated fabric from which the glove is made does not exceed 1 500 g/m 2, this glove should be classified as a knitted glove under the heading 6116.

2. Made up textile article: sun shield in the shape of a stylised's head with rounded corners, measuring approximately 44 cm x 39 cm.

The product is made up of transparent knitted closed weave fabric printed with a cat motif, stretched around and stitched into a flexible wire frame. In the middle of the fabric there is a plastic suction pad by means of which the shield can be attached to a windowpane.

(Other made up articles)

(See photograph No 596) (*)

6307 90 10

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7(e) to Section XI, Note 1 to Chapter 63 and the wording of CN codes 6307, 6307 90 and 6307 90 10.

The product cannot be classified under heading No 8708, "parts and accessories of motor vehicles", as its shape covers only one particular section of a window and it is therefore not suitable for use solely or principally with the articles of Chapters 86, 87 or 88.

It does not fall within heading Nos 6303 and 6304 as it is neither an interior blind nor an interior fitting.

(*) The photographs are purely for information.