Commission Regulation (EC) No 1218/1999 of 14 June 1999 concerning the classification of certain goods in the Combined Nomenclature
Date: 1999-06-14
Institutions: European Commission
Subjects: Combined Nomenclature, classification, clothing, plastics

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 1218/1999

of 14 June 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 on the tariff and statistical nomenclature
and on the Common Customs Tariff (1), as last amended
by Commission Regulation (EC) No 861/1999 (2), and in
particular Article 9 thereof,

(1) Whereas in order to ensure uniform application of
the Combined Nomenclature annexed to the said
Regulation,
is necessary to adopt measures
concerning the classification of the goods referred
to in the Annex to this Regulation;

it

(2) 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;

(3) Whereas, pursuant to the said general rules, the
goods described in column 1 of the table annexed
to this Regulation must be classified under the
appropriate CN codes indicated in column 2, by
virtue of the reasons set out in column 3;

(4) Whereas it is appropriate that, subject to the meas-
ures 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), for a period of 60
days by the holder;

(5) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the tariff
and statistical 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, 14 June 1999.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 108, 27.4.1999, p. 11.

(3) OJ L 302, 19.10.1992, p. 1.

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Official Journal of the European Communities

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ANNEX

Classification
CN code

(2)

3926 90 91

6104 42 00

6104 42 00

Description

(1)

1. Garden canopy measuring 3 m × 3 m, consisting of a
woven fabric made of polyethylene strip less than 5 mm
wide, coated on both sides with plastic material, which is
visible to the naked eye. The article is presented with
metal uprights which make up its framework and
tensioning devices by means of which it can be fixed to
the ground

2. Lightweight,

loose-fitting knitted garment

(100 %
cotton), covered with printed decorative motifs, going
down to mid-thigh length (total length 90 cm). It has a
round neckline with an applied welt of knitted fabric,
and short sleeves. The sleeve-ends and the bottom of the
garment are hemmed and there are side slits of approxi-
mately 10 cm at the bottom

(Dress)

(See photograph No 580) (*)

3. Lightweight,

loose-fitting knitted garment

(100 %
cotton), covered with printed decorative motifs, going
down to below the knees (total length 120 cm), and
sleeveless. It has a low, round neckline with an applied
welt of knit
is
fabric. The bottom of
hemmed and has side slits of approximately 22 cm

the garment

(Dress)

(See photograph No 581) (*)

4. Garment of

self-coloured 100 % polyamide woven
fabric of a thickness of 0,1 mm, coated on the inside
with non-cellular plastic material
(polyurethane) and
with quilted lining.

6201 93 00

The garment has two collars, one of which is made of a
knitted brushed-pile fabric, and a complete opening at
the front, fastening left over right by means of press-
studs.

It has long sleeves with zips at the ends and two inset
pockets at waist level.

The garment reaches down to the hips (total
75 cm), and has a tightening facility at the bottom.

length

(Garment similar to an anorak)

(See photograph No 583) (*)

Grounds

(3)

Classification is determined by General Rules 1, 3(b) and 6
for the interpretation of
the Combined Nomenclature,
Note 2(a) to Chapter 59 and the wording of CN codes
3926, 3926 90 and 3926 90 91

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

See also the Combined Nomenclature Explanatory Notes
to codes CN 6104 41 00 to 6104 49 00.

Classification as a nightdress is excluded, because the
garment in question, by reason of its objective character-
istics, may be worn equally in bed and elsewhere and,
therefore, is not intended to be worn exclusively or essen-
tially as nightwear.

Because of the length of this garment, it cannot be classi-
fied under CN code 6109

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

See also the Combined Nomenclature Explanatory Notes
to codes CN 6104 41 00 to 6104 49 00.

Classification as a nightdress is excluded, because the
garment in question, by reason of its objective character-
istics, may be worn equally in bed and elsewhere and,
therefore, is not intended to be worn exclusively or essen-
tially as nightwear.

Because of the length of this garment, it cannot be classi-
fied under CN code 6109.

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature, Note
2(a)(1)
to Chapter 59, Note 8 to Chapter 62 and the
wording of CN codes 6201 and 6201 93 00.

The garment is made from a fabric whose coating is not
visible to the naked eye

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Description

(1)

5. Woven garment of two-tone synthetic (100 % nylon),
fabric, sleeveless, covering the upper part of the body to
the hips. It has a V-neck and a full opening at the front
with a zip fastener and is tightened at the bottom by
elastic.

The lower parts of the wide armholes are partly elasti-
cated. The garment has an outside pocket with a ‘Velcro-
type' fastening, belt loops and an adjustable fabric belt
with a fastening device.

The garment is entirely lined. It contains two panels at
the front and one panel at the back all of which are
made of cellular plastic material.

(Other garment)

(See photograph No 582) (*)

6. Garden canopy measuring 3 m × 3 m, consisting of a
covering made of thick 100 % cotton woven fabric,
presented with metal uprights which make up its frame-
work and tensioning devices by means of which it can
be fixed to the ground.

The fabric forms a roof, covering the four uprights.

(See photograph No 588) (*)

Classification
CN code

(2)

6211 43 90

Grounds

(3)

Classification is determined by General Rules 1 and 6 for
the interpretation of the Combined Nomenclature, Note 8
to Chapter 62 and the wording of CN codes 6211, 6211 43
and 6211 43 90.

See also the Harmonised System Explanatory Notes to
heading 6211.

The garment, by virtue of its objective characteristics, may
not be considered as a life-jacket of heading 6307

6306 91 00

Classification is determined by General Rules 1, 3(b) and 6
for the interpretation of
the Combined Nomenclature,
Note 1 to Chapter 63 and the wording of CN codes 6306
and 6306 91 00.

This article cannot be considered a tent because it is open
on all four sides

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(*) The photographs are purely for information.