Commission Regulation (EC) No 1324/1999 of 23 June 1999 concerning the classification of certain goods in the Combined Nomenclature
Date: 1999-06-23
Institutions: European Commission
Subjects: Combined Nomenclature, footwear industry

24. 6. 1999

EN

Official Journal of the European Communities

L 157/31

COMMISSION REGULATION (EC) No 1324/1999

of 23 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 (1) on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, 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
is necessary to adopt measures
Regulation,
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 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;

(3) 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;

(4) Whereas it is accepted that binding tariff informa-
tion issued by the customs authorities of Member
States in respect of the classification of goods in the
and which do not
Combined Nomenclature

conform to the rights established by this Regula-
tion, can continue to be invoked, under the provi-
sions in Article 12(6) of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (3), for a period of three
months 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
within the appropriate CN codes indicated in column 2
of the said table.

Article 2

Binding tariff information issued by the customs authori-
ties 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 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.

L 157/32

EN

Official Journal of the European Communities

24. 6. 1999

Description of the goods

(1)

Footwear of moccassin-type with uppers of leather, with
outer soles of plastic, covered with a layer of textile material
which makes contact with the ground

(see photograph No 591) (*)

ANNEX

Classification
CN code

(2)

6403 99 91

Reason

(3)

Classification is determined by the provisions of General
Rules 1 and 6 for the interpretation of the Combined
Nomenclature, Note 4(b) to Chapter 64, and the wording of
the CN codes 6403, 6403 99 and 6403 99 91.

The application of the abovementioned chapter note and
considering that the characteristics of the layer of textile
material result in the outer soles having to be regarded as
plastic soles, the layer of textile material does not possess
the characteristics of durability and/or strength usually
required for normal use of an outer sole. These goods are
therefore not classifiable within CN code 6405

(*) The photograph is purely for information.