COMMISSION IMPLEMENTING REGULATION (EU) No 491/2012 of 7 June 2012 concerning the classification of certain goods in the Combined Nomenclature - "Official Journal of the European Union", No L 151/5 of 12.6.2012 -

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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), and in particular Article 9(1)(a) thereof,

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(1) OJ L 256, 7.9.1987, p. 1.

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 laid down the general rules for the interpretation of the Combined Nomenclature. Those rules apply also 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 provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in column (1) of the table set out in the Annex should be classified under the CN code indicated in column (2), by virtue of the reasons set out in column (3) of that table.

(4) It is appropriate to provide that binding tariff information which has been issued by the customs authorities of Member States in respect of the classification of goods in the Combined Nomenclature but which is not in accordance with this Regulation can, for a period of three months, continue to be invoked by the holder, under Article 12(6) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(2).

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(2) OJ L 302, 19.10.1992, p. 1.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 7 June 2012.

For the Commission,
On behalf of the President,
Algirdas SEMETA
Member of the Commission

 

ANNEX

Description of the goods	Classification (CN code)	Reasons
(1)	(2)	(3)
Infant feeding bottle made of plastic (polypropylene) and graduated. The product has a height of around 20 cm and a capacity of 300 ml. The infant feeding bottle has a silicone nipple and a protector. (See photo) (*)	3924 10 00	Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 3924 and 3924 10 00. As the product is used to feed babies, it cannot be considered as an article for the conveyance or packing of goods. Therefore, heading 3923 is excluded. Infants' feeding bottles, regardless of the material, are generally considered as "tableware and kitchenware" (see also Harmonised System Explanatory Notes to heading 7013, point (1)). Consequently, subheading 3924 90 00 is excluded. The product is therefore to be classified under CN code 3924 10 00.
(*) The photo is purely for information.