Commission Regulation (EC) No 1264/98 of 17 June 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-06-17
Institutions: European Commission
Subjects: Combined Nomenclature, foodstuff, motor fuel, powdered milk, prepared foodstuff, tariff nomenclature

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Official Journal of the European Communities

19. 6. 98

COMMISSION REGULATION (EC) No 1264/98

of 17 June 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 (1) on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, as last amended
by Commission Regulation (EC) No 1048/98 (2), and in
particular Article 9,

Whereas in order to ensure uniform application of the
combined nomeclature annexed to the said Regulation, it
is necessary to adopt measures concerning the classifica-
tion of the goods referred to in the Annex to this Regula-
tion;

Whereas Regulation (EEC) No 2658/87 has set down the
the combined
general rules for the interpretation of
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 under the appropriate CN
codes indicated in column 2, by virute of the reasons set
out in column 3;

Wheres it is acceptance 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 set by its chairman as regards
products No 2, 4, 6 and 7 in the annexed table;

Whereas the measures provided for in this Regulation are
in accordance with the opinion of the the tariff and
statistical nomenclature section of
the Customs Code
Committee as regards products No 1, 3 and 5,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are
now classified within the combined nomenclature under
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 Regulation (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, 17 June 1998.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 151, 21. 5. 1998, p. 1.

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

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Official Journal of the European Communities

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ANNEX

Heading
number

(2)

0404 90 23

Reasons

(3)

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 0404, 0404 90 and 0404 90 23

0404 90 83

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 0404, 0404 90 and 0404 90 83

Description of goods

(1)

1. A powder, consisting of 80 % by weight of whole milk
powder and 20 % by weight of lactoserum, with the
following constituents (% by weight):

(cid:190) water: 5
(cid:190) protein: 21
(cid:190) milk fat: 24
(cid:190) ash: 6
(cid:190) lactose: 44

2. A powder, consisting of 80 % by weight of milk powder
and 20 % by weight of other ingredients (8 % lactose,
11,8 % malto-dextrin with a reducing sugar content,
expressed as dextrose on the dry substance, exceeding
10 % but less than 20 %, and minerals, lecithin and
vitamins), with the following constituents (% by weight):

(cid:190) lactose: 41
(cid:190) milk fat: 21
(cid:190) milk protein: 21
(cid:190) malto-dextrin: 12

3. Product in the form of a block of irregular yellowish/
greyish granules with a cheese smell, frozen, with the
following characteristics (% by weight):

0406 10 20

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 0406, 0406 10 and 0406 10 20

(cid:190) dry matter: 60
(cid:190) milk fat: 28
(cid:190) protein: 27
(cid:190) whey protein: 3,5
(cid:190) lactose: 1,0
(cid:190) ash: 3,3
(cid:190) sodium chloride: 0,7

Because of the small lactose and whey protein content the
product should be regarded as a curd

4. Food preparation in the form of a ball, capable of being
consumed in a single mouthful, coated with gum arabic,
mainly
rum,
sugar,
consisting of milk chocolate,
shredded coconut, cocoa paste and cocoa butter

1806 90 11

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature, Addi-
tional Note 2 to Chapter 18 and by the wording of CN
codes 1806, 1806 90 and 1806 90 11

5. Food supplement in capsules containing malto-dextrin
(70 %), magnesium stearate (3 %) and ascorbic acid
(0,5 %) with added lactic ferments (Bifidobacterium
breve and B. longum, Lactobacillus acidophilus and L.
rhamnosus, approximately 1 billion per gram)

2106 90 98

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 2106, 2106 90 and 2106 90 98

6. Mixture of rape oil (98 %) and petrol (2 %)

3824 90 95

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 3824, 3824 90 and 3824 90 95

The addition of 2 % petrol confers the character of a fuel to
the product

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Official Journal of the European Communities

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Description of goods

(1)

Heading
number

(2)

Reasons

(3)

7. Mixture of rape oil (98 %) and a mixture (2 %) consisting

3824 90 95

of diesel and other heavy oils

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 3824, 3824 90 and 3824 90 95

The addition of 2 % of a mixture of diesel and other heavy
oil confers the character of a fuel to the product