Commission Regulation (EC) No 516/1999 of 9 March 1999 concerning the classification of certain goods in the Combined Nomenclature
Date: 1999-03-09
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, sports equipment

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 516/1999

of 9 March 1999

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 Regulation (EC) No 2261/98 (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 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 under 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 provisions of Article

12(6) of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs
Code (3), as last amended by European Parliament and
Council Regulation (EC) No 82/97 (4), 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 Statist-
ical 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 under
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 infor-
mation in the matter of classification of goods in the
Combined Nomenclature issued by the customs authori-
ties of the Member States which no longer conform to
this Regulation may continue to be invoked in accord-
ance 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, 9 March 1999.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 292, 30. 10. 1998, p. 1.

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

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Classification
CN code

(2)

3926 20 00

6104 42 00

Reason

(3)

Classification is determined by the provisions of General
Rules 1,3(b) and 6 for the interpretation of the Combined
Nomenclature, Note 3(b) to Chapter 56 and the wording of
CN codes

3926 and 3926 20 00.

See also the HS Explanatory Notes to Heading 9506.

The back of the glove has a protective function which
confers the essential character of the product

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature as well as by the wording of CN codes 6104
and 6104 42 00.

See also the Explanatory Notes to the Combined Nomen-
clature relating to CN codes 6104 41 00 to 6104 49 00.

Classification as a night-dress is excluded, because the
garment in question, by reason of its objective character-
istics, may be worn equally in bed and elsewhere and, there-
fore, is not intended to be worn exclusively or essentially as
night-wear.

Because of the length of this garment, it cannot be classified
under CN code 6109

6106 20 00

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature Note 4 to Chapter 61 and the wording of CN
codes 6106 and 6106 20 00.

See also the Explanatory Notes of the Combined Nomen-
clature (Heading 6106)

Description

(1)

1. Ice-hockey glove; the upper part of which (back)

is
padded for protection and covered with non-woven
material and is entirely covered on both sides with
plastic.

The palm is composed of non-woven polyamide micro-
fibre. The sections between the fingers with the excep-
tion of the thumb are made from a single-colour knitted
fabric.

(See photograph No 573) (*)

2. Lightweight

loose-fitting knitted garment

(100 %
cotton), of one colour, covering the body to mid-thigh
(total length: 96 cm), of a straight cut, reaching down to
mid-thigh. It has a rounded loose-fitting neckline and
short sleeves. It is also hemmed at the sleeve-ends and
at the base of the garment and has side slits of approx-
imately 8 cm in length at the bottom of the garment.

It also has an embroidery on the front.

(Dress)

(See photograph No 578) (*)

3. Single coloured garment made of a light-pleated knitted
fabric (100 % polyester) which has an average of more
than 10 stitches per linear centimetre designed to cover
the upper part of the body reaching down to the hips.
This straight cut garment has short sleeves and the
bottom edge is hemmed.

It is crew-necked and has a partial opening at the back
with a button fastening.

(Blouse)

(See photograph No 575) (*)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, Note 9 to Chapter 61 as well as by the
wording of CN codes 6106 and 6106 20 00.

See also the Explanatory Notes of the Combined Nomen-
clature relating to CN code 6106

4. Short-sleeved knitted garment in two colours made of a
pleated light fabric of synthetic textile fibres (100 %
polyester), loose, collarless, designed to cover the upper
part of the body down to the hips.

6106 20 00

It has two front panels connected by a gilded metal
chain held in place by two decorative buttons.

The garment has a partial opening at the back from the
neckline down and has a button fastening.

It has shoulder pads and the bottom edge and the ends
of the sleeves are hemmed.

Over the whole of the front of the garment there is an
insert sewn into the inside of the blouse.

The insert is of a different colour than the rest of the
garment and has a rounded neckline.

(Blouse)

(See photograph No 577) (*)

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Classification
CN code

(2)

6109 90 30

Description

(1)

5. Single coloured garment made of lightly-pleated knitted
fabric (100 % polyester), cut straight and designed to
cover the upper part of the body reaching down to the
hips; it is sleeveless with rounded armholes.

The garment has a rounded neckline without an
opening. It is bound round the neckline and armholes.
The bottom edge is hemmed.

(Vest)

(See photograph No 576) (*)

Reason

(3)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, additional Note 2 to Chapter 61 and the
wording of CN codes 6109, 6109 90 and 6109 90 30

6. Glove used for ice hockey.

6116 93 00

The back of the glove is padded for protection. The
outside knitted fabric is made of synthetic fibres (poly-
ester). The palm is made of non-woven polyamide
microfibres.

(See photograph No 574) (*)

Classification is determined by the provisions of General
Rules 1, 3(b) 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 back of the glove has a protective function which
confers the essential character of the glove

7. Chequed loose-fitting woven garment (100 % cotton)
intended to cover the upper part of the body, of a
straight cut, with short sleeves, reaching down to the
hips, with a collar with lapels in a different material. It
is hemmed at the sleeve ends and at the base of the
garment.

A thin cord runs through the hem. This garment has
two side slits of 7 cm aproximately.

It has a complete opening at the front buttoning left
over right and has two inset breast pockets, which can
be closed with a slide fastener.

(Shirt)

(See photograph No 579) (*)

6205 20 00

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, Note 8 to Chapter 62, as well as by the
wording of CN codes 6205 and 6205 20 00.

The presence of the thin cord serves no practical purpose
and in no way effects the classification of the garment as a
man’s shirt

8. Lightweight and very loose-fitting garment in 0,2 mm
thick printed ‘satin' woven shiny fabric (87 % polyester,
13 % cotton), with a collar with lapels, cut straight and
with a curved hemline, intended to cover the upper and
lower parts of
the body to above the knees (total
length=95 cm).

It has long, wide sleeves, a V-shaped neckline, opens all
the way down the front and can be closed by buttoning
right over left.

The garment also has a breast pocket sewn on and
pieces of ‘satin' woven shiny self-coloured fabric at the
collar, at the sleeve ends and above the pocket.

(Night-dress)

(See photograph No 569) (*)

6208 22 00

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, subheading Note 2(A) to Section XI, Notes 1
and 8 to Chapter 62 and the wording of CN codes 6208 and
6208 22 00.

Taking into account:
— its general appearance,
— its very loose-fitting cut,
— its long wide sleeves,
— its curved hemline,
— its ‘satin' woven shiny fabric in which it is manufactured,
— the fact that it gives a certain comfort, this garment is to

be classified as a night-dress

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Description

(1)

Classification
CN code

(2)

Reason

(3)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of
the Combined
Nomenclature, Subheading Note 2(A) to Section XI, Notes 1
and 8 to Chapter 62 and the wording of CN codes 6208
and 6208 22 00.

See also the Explanatory Notes to the Combined Nomen-
clature relating to CN codes 6208 21 00 to 6208 29 00.

Taking into account:
— their general appearance,
— their very loose-fitting cut,
— its long wide sleeves,
— their ‘satin' woven shiny fabric in which it is manufac-

tured,

— the fact that they give a certain comfort, these garments

are to be classified as a pair of pyjamas

9. Set of two garments packaged for retail sale, consisting

6208 22 00

of:

(a) a lightweight, very loose-fitting garment in 0,5 mm
thick ‘satin' woven shiny fabric with a printed
design (83 % polyester, 17 % cotton), with a collar
with lapels, cut straight and intended to cover the
upper parts of the body as far as the hips (total
length = 76 cm).

It has long, wide sleeves, a V-shaped neckline, opens
all the way down the front and can be closed by
buttoning right over left.

The garment also has a breast pocket sewn on, two
slits at the side and pieces of self-coloured ‘satin'
woven shiny fabric at the collar, at the sleeve ends
and above the pocket;

(b) a pair of lightweight, loose-fitting trousers made of a
0,5 mm thick, self-coloured ‘satin' woven shiny
fabric (83 % polyester, 17 % cotton), cut straight,
reaching from the waist down to the ankles, without
an opening at the waist. This garment is tightened at
the waist by an elasticated band and is hemmed at
the ends of the trouser legs.

(Pyjama)

(See photograph Nos 570 A and 570 B) (*)

10. Goalkeeper’s glove used for ice hockey or street hockey

6216 00 00

usually worn on the left hand.

This is a mitt used by the goalkeeper for catching the
ball (or puck). It is padded on both sides and has a
separate section inside for the fingers. The thumb and
forefinger are separated by a webbing of laces (CN
Heading 5607). The back of the hand is made of knitted
man-made fibres. The palm is made of non-woven
polyamide microfibres which is coated on the outer
surface with a plastic material.

(See photograph No 572) (*)

Classification is determined by the provisions of General
Rules 1 and 3(b) for the interpretation of the Combined
Nomenclature and the wording of CN code 6216 00 00.

See also the HS Explanatory Notes to Heading 9506.

Classification is determined by the textile material of which
the palm of the glove is made

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(*) The photographs are purely for information.