# C_2005168EN.01002501.xml

| 8.7.2005 | EN | Official Journal of the European Union | C 168/25 |
| -------- | -- | -------------------------------------- | -------- |

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UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2005/C 168/05)

Publication of Explanatory Notes adopted under Article 10(1) of Council Regulation (EEC) No 2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs Tariff( 1 )

The Explanatory Notes to the combined nomenclature of the European Communities( 2 ) shall be amended as follows:

Page 227

| 6104 41 00
to
6104 49 00 | dresses |
| -------------------------- | ------- |

Insert the following text after the second sentence of the explanatory note:

‘This term also encompasses transparent dresses.’

Page 232

Insert the following text after the explanatory note to ‘6112 11 00 to 6112 19 00’:

| ‘6112 31 10
to
6112 49 90 | Men's or boys' swimwear
and
Women's or girls' swimwear |
| --------------------------- | -------------------------------------------------------- |

See the HS Explanatory Notes to heading 6112, (C), mentioning that heading 6112 includes inter alia swimming shorts and trunks, whether or not elastic.

Swimming shorts are garments which, because of their general appearance, cut and nature of fabric, are intended to be worn solely or mainly as swimwear and not as “shorts” of heading 6103 or 6104. In general they are entirely or mainly made of man-made fibres.

| | Swimming shorts must have all the following characteristics: |
| | ------------------------------------------------------------ |

| | have inner briefs sewn to the garment or at least
—
a lining in the front or the crotch —
be tight at the waist (e.g. have a drawstring or a fully elasticated waist) | — | a lining in the front or the crotch | — | be tight at the waist (e.g. have a drawstring or a fully elasticated waist) |
| - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ | - | ----------------------------------- | - | --------------------------------------------------------------------------- |
| — | a lining in the front or the crotch | | | | |
| — | be tight at the waist (e.g. have a drawstring or a fully elasticated waist) | | | | |

| | Swimming shorts may have pockets provided that
—
the outside pockets have a firm fastening system (e.g. they have to have a zip fastening or velcro type fastening to close the pocket completely, i.e. they may not be fastened at intervals) —
the inside pockets have the same firm fastening system as the outside pockets mentioned above. However, inside pockets when fixed to the waist may merely have an overlap closing system provided that it assures complete closure of the pocket opening. | — | the outside pockets have a firm fastening system (e.g. they have to have a zip fastening or velcro type fastening to close the pocket completely, i.e. they may not be fastened at intervals) | — | the inside pockets have the same firm fastening system as the outside pockets mentioned above. However, inside pockets when fixed to the waist may merely have an overlap closing system provided that it assures complete closure of the pocket opening. |
| - | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- |
| — | the outside pockets have a firm fastening system (e.g. they have to have a zip fastening or velcro type fastening to close the pocket completely, i.e. they may not be fastened at intervals) | | | | |
| — | the inside pockets have the same firm fastening system as the outside pockets mentioned above. However, inside pockets when fixed to the waist may merely have an overlap closing system provided that it assures complete closure of the pocket opening. | | | | |

| | Swimming shorts cannot have any of the following characteristics:
—
a front opening even if closed by a closing system —
an opening at the waist even if closed by a closing system.’ | — | a front opening even if closed by a closing system | — | an opening at the waist even if closed by a closing system.’ |
| - | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | - | -------------------------------------------------- | - | ------------------------------------------------------------ |
| — | a front opening even if closed by a closing system | | | | |
| — | an opening at the waist even if closed by a closing system.’ | | | | |

Page 238

Insert the following text after the heading text of ‘6211’:

‘6211 11 00
to
6211 12 00
Men's or boys' swimwear
and
Women's or girls' swimwear See the HS Explanatory Notes to heading 6211, 1st paragraph. The Explanatory Notes to subheadings 6112 31 10 to 6112 49 90 apply, mutatis mutandis.’

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( 1 )  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Council Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

( 2 )  OJ C 256, 23.10.2002, p. 1.

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