Commission Regulation (EC) No 272/98 of 2 February 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-02-02
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, sports equipment

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COMMISSION REGULATION (EC) No 272/98

of 2 February 1998

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 Commission Regulation (EC) No 2509/97 ( 2), and in
particular Article 9 thereof,

Whereas in order to ensure uniform application of the
Combined Nomenclature annexed to the said Regulation,
it is necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation;

Whereas Regulation (EEC) No 2658/87 has set down the
general rules for the interpretation of
the Combined
Nomenclature and these rules also apply to any other
nomenclature which is wholly or partly based on it or
which adds any additional subdivisions to it and which is
established by specific Community provisions, with a
view to the application of tariff or other measures relating
to trade in goods;

Whereas, pursuant to the said general rules, the goods
described in column 1 of the table annexed to this Regu-
lation must be classified within the appropriate CN codes
indicated in column 2, by virtue of the reasons set out in
column 3;

Whereas it is appropriate that, subject to the measures in
force in the Community relating to double-checking
systems and to prior and retrospective Community
surveillance of textile products on importation into the
Community, binding tariff information in the matter of
classification of goods in the Combined Nomenclature
issued by the customs authorities of the Member States
which do not conform to this Regulation may continue

to be invoked in accordance with the provisons of Article
12(6) of Council Regulation (EEC) No 2913/92 of 12
October 1992, establishing the Community Customs
Code (3), for a period of 60 days by the holder;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the tariff and statistical
nomenclature section of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table
are now classified within the Combined Nomenclature
within the appropriate CN codes indicated in column 2
of the said table.

Article 2

Subject
to the measures in force in the Community
relating to double-checking systems and to prior and
retrospective Community surveillance of textile products
on importation into the Community, binding tariff in-
formation in the matter of classification of goods in the
Combined Nomenclature issued by the customs authorit-
ies of the Member States which no longer conform to this
Regulation may continue to be invoked in accordance
with the provisions of Article 12(6) of Regulation (EEC)
No 2913/92 for a period of 60 days.

Article 3

This Regulation shall enter into force on the 21st 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, 2 February 1998.

For the Commission

Mario MONTI
Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 345, 16. 12. 1997, p. 44.

( 3) OJ L 302, 19. 10. 1992, p. 1.

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ANNEX

Classification
CN code

(2)

6110 30 91

Reason

(3)

Classification is determined by the provisions of general
rules 1 and 6 for the interpretation of the Combined
Nomenclature, note 9 to Chapter 61, and the wording of
CN codes 6110, 6110 30 and 6110 30 91.

Taking into account its cut and general appearance (in
particular the type and thickness of the fabric, the fact that
it is unlined and lacks the required stiffness), this garment
is to be classified as an article similar to a cardigan.

See also the explanatory notes to the Combined Nomen-
clature concerning heading 6110.

Description

(1)

1. Self-coloured garment made of a thick knitted fabric
(2,8 mm), brushed inside and out, with more than 10
stitches per linear centimetre (100 % polyester), cut
straight, intended to cover the upper part of the body
as far as the hips. The garment is shorter at the front
than at the back.

It has long, cuffed sleeves, a turnover collar, opens all
the way down the front and can be closed by buttoning
left over right. It has side slits at the bottom.

The garment also has an embroidered breast-pocket
sewn on.

(Garment similar to a cardigan)

(See photograph No 567) (*)

2. Goalkeeper’s glove used for ice hockey or street hockey
consisting of
two parts, glove and blocking pad
connected by five points of stitching. It is usually worn
on the right hand (if the goalkeeper is right-handed)
which also holds the stick.

6116 93 00

Classification is determined by the provisions of general
rules 1, 3b and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes 6116 and
6116 93 00.

See also the HS explanatory notes to heading 9506.

The blocking pad, which forms the back of the glove
(dimensions: 37 cm · 20 cm · 3 cm), is made of rigid
cellular plastic, entirely covered, mainly with knitted
fabrics of man-made fibres. The main purpose is to
stop the ball (or puck in ice hockey) when shot towards
the goal and which protects the back of the hand.

The other part of the article resembles a normal glove.
The palm is made of non-woven polyamide micro-
fibres and is used by the goalkeeper to hold and handle
the stick. The upper part is made of knitted fabrics.

(See photograph No 571) (*)

3. Unlined close-fitting garment, of denim fabric (100 %
intended to cover the

cotton), with turnover collar,
upper part of the body just down to the waist.

6204 32 90

It has long sleeves with buttoned cuffs, a close-fitting
neckline, a full-length slide fastener at the front, breast-
pockets and a slightly shaped bound hem at the base of
the garment.

The garment is made up of 10 panels (six at the front,
four at the back) sewn together lengthways with decor-
ative seams.

(jacket)

(See photograph No 568) (*)

Classification is determined by the provisions of general
rules 1 and 6 for the interpretation of the Combined
Nomenclature, notes 1 and 8 to Chapter 62 and the
wording of CN codes 6204, 6204 32 and 6204 32 90.

Taking into account its cut and general appearance this
garment is to be classified as a jacket.

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(*) The photographs are purely for information.