Commission Regulation (EC) No 497/98 of 27 February 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-02-27
Institutions: European Commission
Subjects: Combined Nomenclature, chemical compound, chemical salt, farming sector

3. 3. 98

EN

Official Journal of the European Communities

L 62/21

COMMISSION REGULATION (EC) No 497/98

of 27 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 (1) on the tariff and statistical nomenclature and on the
Common Customs Tariff, as last amended by Commis-
sion Regulation (EC) No 2509/97 (2), and in particular
Article 9,

Whereas in order to ensure uniform application of the
Combined Nomenclature annexed to the said Regulation,
it is necessary to adopt measures concerning the clas-
sification 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 those rules also apply to any other
nomenclature which is wholly or partly based on it or
which adds any additional subdivision to it and which is
established by specific Community provisions, with a
tariff and other measures
view to the application of
relating to trade in goods;

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

Whereas it is accepted that binding tariff information
issued by the customs authorities of Member States in
respect of the classification of goods in the Combined
Nomenclature and which do not conform to the rights

established by this Regulation, can continue to be
invoked, under the provisions in Article 12(6) of Council
Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code (3), for a period of
three months by the holder;

Whereas the Tariff and Statistical Nomenclature Section
of the Customs Code Committee has not delivered an
opinion within the time limit set by its chairman,

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

Binding tariff information issued by the customs author-
ities of Member States which do not conform to the
rights established by this Regulation can continue to be
invoked under the provisions of Article 12(6) of Regula-
tion (EEC) No 2913/92 for a period of three months.

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, 27 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.

L 62/22

EN

Official Journal of the European Communities

3. 3. 98

ANNEX

Classification
(CN code)

Description

(1)

(2)

(67 % by
Mixture of bromomethane
weight) and chloropicrin (33 % by weight)
used as a preplant soil fumigant

3808 10 90

Grounds

(3)

Classification in accordance with general
rules 1 and 6 for the interpretation of the
Combined Nomenclature, note 1(a)(2) to
Chapter 38 and the wording of CN codes
3808, 3808 10 and 3808 10 90