Commission Regulation (EC) No 2518/98 of 23 November 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-11-23
Institutions: European Commission
Subjects: Combined Nomenclature, book trade, footwear industry, leather, motor vehicle, toy industry

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 2518/98

of 23 November 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 2248/98 (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 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
view to the application of
tariff and 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 the present
Regulation 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 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),
last
amended by European Parliament and Council Regula-
tion (EC) No 82/97 (4), for a period of three months by
the holder;

as

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 as
regards product No 1 in the annexed table;

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 as
regards products Nos 2 to 7 in the annexed table,

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, 23 November 1998.

For the Commission
Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 282, 20. 10. 1998, p. 55.

(3) OJ L 302, 19. 10. 1992, p. 1.
(4) OJ L 17, 21. 1. 1997, p. 1.

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Official Journal of the European Communities

25. 11. 98

Description of goods

(1)

ANNEX

Classification
(CN) code

(2)

Reason

(3)

1. An article (organiser) with the approximate dimensions
10,5 cm (width), 14 cm (length) and 4 cm (thickness).

4205 00 00

The cover of the article is made of leather. It comprises:

— a leather closing strap with push-button,

— a leather pen holder,

— three open pockets to hold papers,

— four pockets for credit cards,

— a flip-out pocket with transparent plastic,

— a pocket with a zip.

The cover is for repeated use.

The cover also has a ring-binder mechanism for retaining
the removable inner pages. The pages are composed of:

— a calendar with daily, weekly, monthly and yearly

overviews,

— a telephone register,

— eight pockets for credit cards made of plastic,

— dividing sheets of paperboard

2. Drawing book for children, consisting of a set with the

4903 00 00

following components:

— a booklet with detachable cards which are used as
models for the drawing activities, with short instruc-
tions,

— 10 plastic bottles with coloured sand,

— a plastic pocket containing several coloured envel-
opes and cards. These cards have an adhesive surface
with removable top layer strips which corresponds to
the designs of the sand painting,

— a printed paperboard cover which has the abovemen-

tioned components glued on the inside

Classification is determined by the provisions of General
Rules 1 and 3b for the interpretation of the Combined
Nomenclature and the wording of CN code 4205 00 00.

The leather cover is the component which gives the whole
article its essential character

Classification is determined by the provisions of General
Rules 1 and 3b for the interpretation of the Combined
Nomenclature and the wording of CN code 4903 00 00.

By applying General Rule 3b the booklet with detachable
cards which are used as models for the drawing activities is
the component which gives the whole its essential character
as a drawing book

3. Manuals for creating cross-stitch embroideries in the

4911 99 00

form of:

— a folded paperboard card or

— booklets with a cover of paperboard and inner pages

of paper.

The cover is printed with a colour front page, a sales
price, the author’s name and the manual’s number.

The inner parts or pages contain predominantly figures
which represents models for cross-stitch work and less
text showing the necessary thread type, colours and
general stitching explanations

Classification is determined by the provisions of General
the Combined
Rules 1 and 6 for the interpretation of
Nomenclature and the wording of CN codes 4911, 4911 99
and 4911 99 00.

The goods are not classifiable within heading 4902 because
they are not issued in a continuous series under the same
title.

Because they are not intended mainly for reading, the goods
can not be classified within heading 4901

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Description of goods

(1)

4. Footwear with uppers of textile material, with outer soles
of plastics, covered with a layer of woven textile material
approximately 1 mm thick which has poor wearing
properties.

This woven textile material makes contact with the
ground

5. New (all terrain) four-wheeled vehicles with a single-
cylinder 4-stroke 395-cm3 spark ignition internal com-
bustion piston engine, a gearbox with five forward speeds
plus reverse and twin hydraulic front brakes. The vehicles
have a seat
for one passenger only and handle bar
mounted controls. The steering mechanism is based on
the Ackerman principle.

They are equipped with rack porters and a towing hook
and have a towing capacity of 880 kg (braked).

They are further equipped with an hour meter, an oil
cooler and a limited slip differential.

Dimensions (length, width, height): 1 944 mm, 1 156
mm, 1 080 mm, dry weight: 249 kg

See photograph (*)

Classification
(CN) code

(2)

6404 19 90

Reason

(3)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, note 4b to chapter 64, and the wording of
CN codes 6404, 6404 19 and 6404 19 90.

The application of the abovementioned chapter note results
in the outer soles having to be regarded as plastic soles.
These goods are therefore not classifiable within CN code
6405

8703 21 10

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature and the wording of CN codes 8703, 8703 21
and 8703 21 10.

The vehicles which are suitable both for the transport of
people in difficult terrain (e.g. for leisure purposes) and for
hauling or pushing another vehicle, appliance or load do not
fulfil the requirements of note 2 to chapter 87 as they are
not constructed essentially for hauling or pushing another
vehicle, appliance or load

6. Battery powered electronic apparatus in a flat, round
plastic housing approximately 6 cm in diameter contain-
ing an LCD display, a miniaturised loudspeaker, several
push buttons and a keyholder.

9503 90 32

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature and the wording of CN codes 9503, 9503 90
and 9503 90 32.

The toy represents a ‘virtual creature', which has to be
kept ‘alive' by using the input buttons.

In addition, the apparatus can display the time

See illustration (*)

7. Inflatable ring made of colourful printed plastic foil with
animal features on it (dorsal fin, tail fin and pectoral fin
of a fish). The ring is designed for use in water.

9503 90 32

The ring has an outer diameter of about 40 cm and an
inner diameter of about 20 cm.

It has a security valve

See photograph (*)

The product does not have the characteristics of a parlour
game of heading 9504, as it lacks the necessary competitive
element

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature and the wording of CN codes 9503, 9503 90
and 9503 90 32.

This toy is intended for children’s recreation and amuse-
ment in shallow water and is inadequate as a safety device in
emergencies in deep water

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Product No 5

Product No 6

Product No 7

(*) The illustrations/photographs are purely for information.