Commission Regulation (EC) No 1858/98 of 27 August 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-08-27
Institutions: European Commission
Subjects: Combined Nomenclature, fish product, prepared foodstuff, vegetable oil

29. 8. 98

EN

Official Journal of the European Communities

L 241/17

COMMISSION REGULATION (EC) No 1858/98

of 27 August 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 nomen-
clature and on the Common Customs Tariff, as last
amended by Commission Regulation (EC) No 1048/98 (2),
and in particular Article 9 thereof,

Whereas in order to ensure uniform application of the
Combined Nomeclature 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
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 within the appropriate CN
codes indicated in column 2, by virute 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 set by its chairman as regards
product No 3 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, 2 and 4,

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 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, 27 August 1998.

For the Commission

Karel VAN MIERT

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.

L 241/18

EN

Official Journal of the European Communities

29. 8. 98

Description of goods

(1)

ANNEX

CN code

(2)

Reasons

(3)

1. Shark cartilage powder with the following characteristics:

0305 10 00

Classification is determined by General Rules 1 and 6 for
the interpretation of
the Combined Nomenclature and
by the wording of CN codes 0305 and 0305 10 00

in gelatine capsules, with the

0305 10 00

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 0305 and 0305 10 00

(cid:190) dry matter: 95 %
(cid:190) ash: 65 %
(cid:190) protein: 22 %

2. Shark cartilage powder,
following characteristics:

(cid:190) dry matter: 94 %
(cid:190) ash: 60 %
(cid:190) protein: 26 %

3. Mixture of rape oil (97 %) and rape oil methylester (3 %)

1518 00 99

4. Oval, rust-coloured gelatine capsules filled with a pasty
ochre-coloured substance. Each capsule consists of:

2106 90 92

(cid:190) 38 mg aqueous millet extract
(cid:190) 32 mg oily millet extract
(cid:190) 178,5 mg wheat germ oil
(cid:190) 1,0 mg L-Cystine
(cid:190) 5,0 mg calcium pantothenate as well as soya lecithin,
and
wax, magnesium oxide, glycerine, gelatine
sorbitol

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature and by
the wording of CN codes 1518, 1518 00 and 1518 00 99

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature, note 1(a)
to Chapter 30 and by the wording of CN codes 2106,
2106 90 and 2106 90 92

This product is a multi-ingredient nutritional preparation