COMMISSION REGULATION (EC) No 215/96 of 2 February 1996 concerning the classification of certain goods in the Combined Nomenclature - "Official Journal of the European Communities", No L 28/9 of 6.2.1996 -

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 3009/95(2), and in particular Article 9 thereof,

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(1) OJ No L 256, 7. 9. 1987, p. 1.
(2) OJ No L 319, 30. 12. 1995, p. 1.

Whereas 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;

Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and 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;

Whereas, 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 appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;

Whereas it is accepted 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 do not conform to the rights established by 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 amended by Commission Regulation (EEC) No 2454/93(4), for a period of three months by the holder;

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(3) OJ No L 302, 19. 10. 1992, p. 1.
(4) OJ No L 253, 11. 10. 1993, p. 1.

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,

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 appropriate CN codes indicated in column 2 of the said table.

Article 2

Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by 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 21st 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, 2 February 1996.

For the Commission
Mario MONTI
Member of the Commission

ANNEX

Description of goods	Classification (CN code)	Reason
(1)	(2)	(3)
1. Set of articles for a ball game based on basketball, comprising: - a metal ring less than 45 cm in diameter, to which is attached a bottomless net, - a wooden board designed to be suspended from a door or a wall, to which the metal ring is to be attached.	9503 90 55	Classification is determined by the provisions of General Rules 1,3 b) and 6 for the interpretation of the combined nomenclature and by the wording to CN codes 9503, 9503 90 and 9503 90 55. These articles do not constitute sports equipment within the meaning of heading No 9506, notably because of their dimensions and design.
2. Set of articles for a ball game based on basketball, comprising: - a plastic case containing the items described below and serving as a base for the apparatus, which can be weighted down with water or sand, - a metal ring less than 45 cm in diameter, to which is attached a bottomless net, - a wooden board with a multicoloured painted motif, to be attached to the stand, and to which the metal ring is to be attached, - a stand formed by plastic tubes, the height of which may be adjusted from 1 m to 1,65 m.	9503 90 55	Classification is determined by the provisions of General Rules 1,3 b) and 6 for the interpretation of the combined nomenclature and by the wording to CN codes 9503, 9503 90 and 9503 90 55. These articles do not constitute sports equipment within the meaning of heading No 9506, notably because of their dimensions and design.
3. Replica of a Mercedes AMG car, year of construction 1994, mass-produced, scale 1:43, attached to a plate. Bodywork in die cast zinc, bearing with various markings. Some of the components (e.g. headlights, tail lights, window frames) are stencilled. All other components are made of plastics (e.g. spoiler, windscreen wipers, door handles, wing mirrors, steering wheel).	9503 90 51	Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503, 9503 90 and 9503 90 51. The product is presented as a scale model for recreational purposes.