# Official Journal C 333I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 333I |
| | |
| English edition | Information and Notices | Volume 6419 August 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 333I

English edition

Information and Notices

Volume 6419 August 2021

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| Contents | page |
| --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 333 I/01 | Explanatory Notes to the Combined Nomenclature of the European Union | 1 |
| 2021/C 333 I/02 | Explanatory Notes to the Combined Nomenclature of the European Union | 6 |
| 2021/C 333 I/03 | Explanatory Notes to the Combined Nomenclature of the European Union | 10 |
| 2021/C 333 I/04 | Explanatory Notes to the Combined Nomenclature of the European Union | 13 |

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 333 I/01

Explanatory Notes to the Combined Nomenclature of the European Union

1

2021/C 333 I/02

Explanatory Notes to the Combined Nomenclature of the European Union

6

2021/C 333 I/03

Explanatory Notes to the Combined Nomenclature of the European Union

10

2021/C 333 I/04

Explanatory Notes to the Combined Nomenclature of the European Union

13

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| EN | |
| --- | --- |

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 19.8.2021 | EN | Official Journal of the European Union | CI 333/1 |
| --- | --- | --- | --- |

19.8.2021

EN

Official Journal of the European Union

CI 333/1

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Explanatory Notes to the Combined Nomenclature of the European Union

(2021/C 333 I/01)

Pursuant to Article 9(1), point (a), of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 347:

The following text and photos are added:

| ‘8505 11 00 to 8505 19 90 | Permanent magnets and articles intended to become permanent magnets after magnetisation

  These subheadings include refrigerator magnets consisting of a magnet with a decorative article attached to it. The magnet gives the composite goods their essential character within the meaning of GIR 3 (b), because it is primarily designed to be easily attached and moved around on a metal surface and, as far as most of these magnets are concerned, also to attach paper or other small articles to a metal surface. The decoration function of the article is therefore secondary.
  Examples of some of these decorative refrigerator magnets:









  Measuring approximately 6 cm x 6 cm x 5 cm



  Measuring approximately 7 cm x 9 cm x 2 cm



  Measuring approximately 8 cm x 8 cm x 2cm



  Measuring approximately 8 cm x 6,5 cm x 1 cm






  Measuring approximately 5,5 cm x 8 cm x 1cm



  Measuring approximately 2 cm x 1,5 cm x 0,5 cm
  Although in the three following examples the magnet is small compared to the size of the decoration, the magnet is strong enough to fix this very lightweight decoration to a metal surface.









  These subheadings do not include:
  Refrigerator magnets that are attached to a utility article. The product is designed as a utility article (for example, a bottle-opener, a calendar, a timer, a clothes peg) that can be attached to a metal surface. The utility article has a function of its own (for example, opening a bottle, showing the date or time etc.). The utility article gives the composite goods their essential character within the meaning of GIR 3 (b), because the magnet has a solely supportive role (i.e. attaching a utility product to a metal surface).
  Examples of some of these articles:

  ’ |
| --- | --- |

‘8505 11 00 to 8505 19 90

Permanent magnets and articles intended to become permanent magnets after magnetisation

These subheadings include refrigerator magnets consisting of a magnet with a decorative article attached to it. The magnet gives the composite goods their essential character within the meaning of GIR 3 (b), because it is primarily designed to be easily attached and moved around on a metal surface and, as far as most of these magnets are concerned, also to attach paper or other small articles to a metal surface. The decoration function of the article is therefore secondary.

Examples of some of these decorative refrigerator magnets:

Image 1

Image 2

Image 3

Measuring approximately 6 cm x 6 cm x 5 cm

Image 4

Measuring approximately 7 cm x 9 cm x 2 cm

Image 5

Measuring approximately 8 cm x 8 cm x 2cm

Image 6

Measuring approximately 8 cm x 6,5 cm x 1 cm

Image 7

Image 8

Measuring approximately 5,5 cm x 8 cm x 1cm

Image 9

Measuring approximately 2 cm x 1,5 cm x 0,5 cm

Although in the three following examples the magnet is small compared to the size of the decoration, the magnet is strong enough to fix this very lightweight decoration to a metal surface.

Image 10

Image 11

Image 12

These subheadings do not include:

Refrigerator magnets that are attached to a utility article. The product is designed as a utility article (for example, a bottle-opener, a calendar, a timer, a clothes peg) that can be attached to a metal surface. The utility article has a function of its own (for example, opening a bottle, showing the date or time etc.). The utility article gives the composite goods their essential character within the meaning of GIR 3 (b), because the magnet has a solely supportive role (i.e. attaching a utility product to a metal surface).

Examples of some of these articles:

Image 13 ’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 119, 29.3.2019, p. 1.

2

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| 19.8.2021 | EN | Official Journal of the European Union | CI 333/6 |
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19.8.2021

EN

Official Journal of the European Union

CI 333/6

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Explanatory Notes to the Combined Nomenclature of the European Union

(2021/C 333 I/02)

Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 404:

Heading 9403 ‘Other furniture and parts thereof’

The following text is added:

‘See also Note 2 (a) to Chapter 94 and the HS Explanatory Note to heading 9403.

This heading includes various types of shelves (including single shelves presented with supports for fixing them to the wall) suitable for use in particular in the bathroom, shower or entrance hall. The way the shelf is attached to the wall (by screwing, by gluing, by suction cups...) is not a decisive factor for the classification. (See figures 1 and 2).

However, so-called “soap dishes” and “sponge baskets”/“shower baskets”, made of various materials (metal, plastic, glass, ceramics etc.), used mainly in the bathroom or kitchen for holding a bar of soap, sponge or other hygienic articles, are excluded from this heading. They are to be classified according to their constituent material (see figures 3 to 9) even when they resemble single shelves as noted in the HSEN to 9403.

A “sponge basket”/“shower basket” usually has a shape of a box/basket open from above and with openings for draining water both in its bottom and in side walls.

Dimensions of items on the figures are given in the following order: width (w) x depth (d) x height (h).

Examples of products of heading 9403:

Image 14

Image 15

Examples of products to be classified according to their constituent material:

Image 16

Image 17

Image 18

Image 19

Image 20

Image 21

Image 22

’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 119, 29.3.2019, p. 1.

2

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| 19.8.2021 | EN | Official Journal of the European Union | CI 333/10 |
| --- | --- | --- | --- |

19.8.2021

EN

Official Journal of the European Union

CI 333/10

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Explanatory Notes to the Combined Nomenclature of the European Union

(2021/C 333 I/03)

Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 412,

in the explanatory note to

  9503 00 70

  , the third paragraph is deleted and replaced by the following:

‘A single (“main”) article combined with:

| a) | one or more accessories designed to be used with the “main” article, or |
| --- | --- |

a)

one or more accessories designed to be used with the “main” article, or

| b) | minor/negligible article(s) (see also, mutatis mutandis, Guidelines on the classification in the Combined Nomenclature of goods put up in sets for retail sale, PART B (III) (3)), |
| --- | --- |

b)

minor/negligible article(s) (see also, mutatis mutandis, Guidelines on the classification in the Combined Nomenclature of goods put up in sets for retail sale, PART B (III) (3)),

does not constitute a ‘set’ and the combination is classified under the CN code corresponding to the “main” article.

“Accessories” for the purpose of this subheading are considered to be articles which are designed to be used with the “main article” but are not equivalent to that article in terms of size, design or complexity (for example, they do not contain movable or articulated parts or mechanical elements). There is generally a recognisable interaction between the two.

Examples of such accessories would be: clothing, shoes, hats, bags and toiletries for dolls (see also the HSEN to heading 9503, (C) Dolls), artificial food for the toys (for example, a plastic carrot or hay for a toy animal), brushes and saddles for toy animals, etc.

Examples of ‘sets’ falling under CN code 9503 00 70:

Image 23

Image 24

Image 25

Image 26

Image 27

Image 28

An example of ‘set’ consisting of several “accessories” of a different type falling under CN code 9503 00 70:

Image 29

Examples of “main” articles combined with accessories or a minor/negligible article which are not considered ‘sets’ under CN code 9503 00 70:

Image 30

Image 31 ’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(2)  OJ C 119, 29.3.2019, p. 1.

(3)  OJ C 105, 11.4.2013, p. 1.

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| 19.8.2021 | EN | Official Journal of the European Union | CI 333/13 |
| --- | --- | --- | --- |

19.8.2021

EN

Official Journal of the European Union

CI 333/13

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Explanatory Notes to the Combined Nomenclature of the European Union

(2021/C 333 I/04)

Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:

On page 414:

9506

Delete and replace the current explanatory note by the following:

‘This heading does not include resistance bands, fitness bands or similar products, for example simple loops, without handles or any other similar additional element that makes them identifiable as articles for general physical exercise. These products are usually packed individually or in packs of two or more for retail sale. They are available in different colours and sizes and may have imprints. According to their objective characteristics, these bands or other similar products are not identifiable as articles for general physical exercise. Consequently, they are to be classified according to their constituent material, for example in heading 4008 as “strips of non-cellular rubber” (see also note 1 and note 9 to Chapter 40), in heading 4016 as “other articles of vulcanised rubber other than hard rubber” or in heading 6307 as “other made-up textile articles”.

Examples of bands, fitness bands or similar products that are to be classified according to their constituent material:

| | |
| --- | --- |
| Rubber band (heading 4008 ) | Rubber loop (heading 4016 ) |

Image 32

Image 33

Rubber band (heading 4008 )

Rubber loop (heading 4016 )

Image 34

Textile loop (heading 6307)’

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(1)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

1

(2)  OJ C 119, 29.3.2019, p. 1.

2

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