# C_2016415EN.01000501.xml

| 11.11.2016 | EN | Official Journal of the European Union | C 415/5 |
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11.11.2016

EN

Official Journal of the European Union

C 415/5

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Explanatory Notes to the Combined Nomenclature of the European Union

(2016/C 415/05)

Pursuant to the second indent of 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:

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On page 379

On page 379

The following text is inserted:

The following text is inserted:

| ‘9405 50 00 | Non-electrical lamps and lighting fittings

  See also the HS Explanatory Note to heading 9405, parts (I)(5) and (I)(6).
  This subheading includes lanterns of any material (excluding those materials referred to in Note 1 to Chapter 71) whether or not they have a fixture or specific fitting for holding a candle or a tea light. They usually have holes for ventilation at the top and an “opening” through which a candle can be placed.
  This subheading also includes candelabra (see figure 1 and 2), candlesticks (see figure 3 and 4) and candle brackets (see figure 5), including candelabra, candlesticks and candle brackets for tea lights. However, so-called “tea light holders”, made of various materials (glass, ceramics, wood, plastic etc.), in the form of receptacles of various shapes, without any fixture or specific fitting to hold a candle or a tea light in a fixed position, are excluded from this subheading and are to be classified according to their constituent material (see figures 6 to 12). The fact that a candle or a tea light may be placed tightly in a recess of the receptacle is not sufficient for classification in this subheading (see also Commission Regulation (EC) No 141/2002 (*1) and Commission Implementing Regulation (EU) No 774/2011 (*2)).
  Examples of products of subheading 9405 50 00:







  Figure 1 | Figure 2 |
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| Figure 3 | Figure 4 |
| Figure 5 | |

‘9405 50 00

Non-electrical lamps and lighting fittings

See also the HS Explanatory Note to heading 9405, parts (I)(5) and (I)(6).

This subheading includes lanterns of any material (excluding those materials referred to in Note 1 to Chapter 71) whether or not they have a fixture or specific fitting for holding a candle or a tea light. They usually have holes for ventilation at the top and an “opening” through which a candle can be placed.

This subheading also includes candelabra (see figure 1 and 2), candlesticks (see figure 3 and 4) and candle brackets (see figure 5), including candelabra, candlesticks and candle brackets for tea lights. However, so-called “tea light holders”, made of various materials (glass, ceramics, wood, plastic etc.), in the form of receptacles of various shapes, without any fixture or specific fitting to hold a candle or a tea light in a fixed position, are excluded from this subheading and are to be classified according to their constituent material (see figures 6 to 12). The fact that a candle or a tea light may be placed tightly in a recess of the receptacle is not sufficient for classification in this subheading (see also Commission Regulation (EC) No 141/2002 (*1) and Commission Implementing Regulation (EU) No 774/2011 (*2)).

Examples of products of subheading 9405 50 00:

Figure 1

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Figure 2

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Figure 3

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Figure 4

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Figure 5

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

| Figure 6 | Figure 7 | Figure 8 |
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| Figure 9 | Figure 10 | Figure 11 |
| Figure 12 | | |

Figure 6

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Figure 7

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Figure 8

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Figure 9

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Figure 10

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Figure 11

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Figure 12

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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).

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(2)  OJ C 76, 4.3.2015, p. 1.

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