REGULATION (EEC) No 679/72 OF THE COMMISSION of 29 March 1972 on the classification of goods under headings or subheadings Nos 69.09 A, 69.11, 69.13 B and 69.14 A of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 97/69 1 of 16 January 1969 on the measures to be taken to ensure uniform application of the Common Customs Tariff, and in particular Article 3 thereof;
Whereas provision must be made to ensure uniform application of the Common Customs Tariff with a view to classification of "vitreous china" or "semi-vitreous china" products which are ceramic products that have been vitrified to a greater or lesser extent, of slightly greyish-white or artificially coloured ceramic material which is smooth to the tongue;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 2 of 28 June 1968, as last amended by Council Regulation (EEC) No 1/72 3 of 20 December 1971, comprises under headings or subheadings Nos 69.09 A, 69.11, 69.13 B and 69.14 A products of porcelain, and under headings or subheadings Nos 69.09 B, 69.12, 69.13 A, 69.13 C and 69.14 B the corresponding products of other ceramic materials;
Whereas for purposes of classification in the Common Customs Tariff of the "vitreous china" or "semi-vitreous china" products aforesaid, regard should be had to the special properties of porcelain, namely, porosity, density and translucency;
Whereas "vitreous china" or "semi-vitreous china" products should be classified under headings or subheadings Nos 69.09 A, 69.11, 69.13 B or 69.14 A, as appropriate, where, simultaneously, they have inter alia the following properties: - porosity not exceeding 3 %.
- density of 2 72 or over,
- translucency where the ceramic material is not more than approximately 3 mm thick, is not coloured in the body, nor coated with coloured or opaque varnish or enamel;
Whereas it is desirable to prescribe methods of analysis so that the porosity and translucency of the products in question may be assessed uniformly;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Committee on the Common Customs Tariff Nomenclature;
HAS ADOPTED THIS REGULATION:
Article 1
"Vitreous china" or "semi-vitreous china" which are ceramic products that have been vitrified to a greater or lesser extent of slightly greyish-white or artificially coloured ceramic material which is smooth to the tongue, shall, as appropriate, be classified under headings or subheadings Nos 69.09 A, 69.11, 69.13 B or 69.14 A of the Common Customs Tariff where, simultaneously, they have the following properties: (a) a degree of porosity (co-efficient of water absorption) not exceeding 3 %, measured according to the method set out in Annex I;
(b) a density of 2 72 or more;
(c) translucency, where the thickness is of not more than approximately 3 mm, measured according to the method set out in Annex II.
1 OJ No L 14, 21.1.1969, p. 1. 2 OJ No L 172, 22.7.1968, p. 1. 3 OJ No L 1, 1.1.1972, p. 1. The latter criterion shall not apply, however, where the ceramic material is coloured in the body or is coated with coloured or opaque varnish or enamel.
Article 2
This Regulation shall enter into force on the eighth 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, 29 March 1972.