Uniform Application of the Combined Nomenclature (CN)

(Classification of goods)

(2000/C 167/02)

Publication of explanatory notes made in accordance with 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), as last amended by Regulation (EC) No 1228/2000(2)

The "Explanatory notes to the Combined Nomenclature of the European Communties"(3) are amended as follows:

On page 117. heading 2401, the existing text shall be replaced by the following:

"As regards tobacco in the natural or unmanufactured state, see the HS Explanatory Notes to heading No 2401, paragraph 1.

It is to be noted that:

(a) flue-cured Virginia-type tobacco means tobacco which has been cured under artificial atmospheric conditions by a process of regulating the heat and ventilation without allowing smoke and fumes to come into contact with the tobacco leaves; the colour of the cured tobacco normally ranges form lemon to very dark orange or red. Other colours and combinations of colours frequently result from variations in maturity or cultural and curing techniques;

(b) light air-cured Burley-type tobacco (including Burley hybrids) means tobacco which has been cured under natural atmospheric conditions and does not carry the odour of smoke or fumes if supplemental heat or air circulation has been applied; the leaves normally range from light tan to reddish colour. Other colours and combinations of colours frequently result from variations in maturity or cultural and curing techniques;

(c) light air-cured Maryland-type tobacco means tobacco which has been cured under natural atmospheric conditions and does not carry the odour of smoke or fumes if supplemental heat or air circulation has been applied; the leaves normally range from a light-yellow to deep cherry-red colour. Other colours and combinations of colours frequently result from variations in maturity or cultural and curing techniques;

(d) fire-cured tobacco means tobacco which has been cured under artifical atmospheric conditions by the use of open fires from which wood smoke has been partly absorbed by the tobacco. Fire-cured tobacco leaves are normaly thicker than leaves of Burley, flue-cured, or Maryland from the corresponding stalk position. Colours normally range from yellowish-brown to very dark brown. Other colours and combinations of colours frequently result from variations in maturity or cultural and curing techniques.

This heading does not include live tobacco plants (heading No 0602)."

On page 261, subheading 5911 20 00, the existing text shall be replaced by the following:

"See the HS explanatory notes to heading No 5911, Secton A(2).

These fabrics may be in the piece or made up according to intended use (for example, cut to shape, trimmed with tapes, furnished with metal eyelets).

When presented in the piece, bolting cloth, not made up, must be indelibly marked in a way, which undoubtedly identifies the goods as being intended for bolting or similar industrial purposes.

- A mark consisting of a rectangle and its diagonals must be reproduced at regular intervals along both edges of the fabric - without encroaching on the selvedges - in such a way that the distance between two consecutive marks, measured between the adjacent ends of the rectangles, is not more than one metre and that the marks on one edge are staggered so as to be halfway between those on the other edge (the centre of each mark must be equidistant from the centre of the two nearest marks on the opposite edge).

- The thickness of the lines forming the sides of the rectangle is 5 mm, and that of the diagonals 7 mm. The rectangle measured from the outer edge of the lines is at least 8 cm in the length and 5 cm in width.

- The marks must be printed in a single colour contrasting with the colour of the fabric and must be indelible.

Each mark is so positioned that the long sides of the rectangle are parallel to the warp of the fabric (see sketch below):

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Customs authorities may accept other markings where these markings undoubtedly identify the goods as being intended for industrial purposes like bolting, filtering, etc. and not for clothes or similar purposes.

..."

(1) OJ L 256, 7.9.1987, p. 1.

(2) OJ L 143, 16.6.2000, p. 22.

(3) OJ C 287, 15.9.1998, p. 1.