COMMISSION REGULATION (EC) No 1703/2000

of 31 July 2000 concerning the classification of certain goods in the Combined Nomenclature

- "Official Journal of the European Communities", No L 195/22 of 1.8.2000 -

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 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 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 955/1999 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 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 that 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, 31 July 2000.

For the Commission
Pedro SOLBES MIRA
Member of the Commission

ANNEX

Description

CN code

Grounds

(1)

(2)

(3)

1. Mushrooms (Genus Agaricus) prepared, blanched, immersed in a liquid with the following specifications:
- free, volatile acid, expressed as acetic acid: 0,5 % by weight
- sulphite: < 2 ppm
- salt: 2,6 % by weight
This product, which contains other preserving agents, is suitable for immediate human consumption.

2003 10 30

Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the Combined Nomenclature, additional note 1 to Chapter 20 and by the wording of CN codes 2003, 2003 10 and 2003 10 30.
Because of the salt content exceeding 2,5 % by weight, the product is excluded from CN code 2001 90 50 in accordance with additional note 1 to Chapter 20 of the Combined Nomenclature.

2. Synthetic material composed of styrene-ethy- lene/propylene-styrene or styrene-ethylene/ butylene-styrene block copolymers with a low degree of unsaturation (iodine value of between 4 and 7).

4002 99 90

Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the Combined Nomenclature, note 4(a) to Chapter 40 and by the wording of CN codes 4002, 4002 99 and 4002 99 90.
These block polymers meet all criteria of note 4(a) to Chapter 40 and are classified as synthetic rubbers of heading 4002.