Commission Regulation (EC) No 2113/1999 of 5 October 1999 concerning the classification of certain goods in the combined nomenclature
Date: 1999-10-05
Institutions: European Commission
Subjects: Combined Nomenclature, magnesium, oxide

6. 10. 1999

EN

Official Journal of the European Communities

L 259/3

COMMISSION REGULATION (EC) No 2113/1999

of 5 October 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 nomenclature and on
the Common Customs Tariff, as last amended by Commission
Regulation (EC) No 1835/1999 (2), and in particular Article 9,

Whereas:

clature and which do not conform to the rights estab-
lished by this Regulation, can continue to be invoked,
under the provisions in Article 12(6) of Council Regula-
tion (EEC) No 2913/92 of 12 October 1992 establishing
the Community Customs Code (3), for a period of three
months by the holder;

(5)

the measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,

(1)

(2)

(3)

(4)

in order to ensure uniform application of the combined
nomenclature annexed to the said Regulation, it is neces-
sary to adopt measures concerning the classification of
the goods referred to in the Annex to this Regulation;

Regulation (EEC) No 2658/87 has set down the general
rules for the interpretation of the combined nomen-
clature and those rules also apply to any other nomen-
clature which is wholly or partly based on it or which
adds any additional subdivision to it and which is estab-
lished by specific Community provisions, with a view to
the application of tariff and other measures relating to
trade in goods;

pursuant to the said general rules, the goods described in
column 1 of the table annexed to the present Regulation
must be classified under the appropriate CN codes indic-
ated in column 2, by virtue of the reasons set out in
column 3;

it is acceptance that binding tariff information issued by
the customs authorities of Member States in respect of
the classification of goods in the combined nomen-

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 appro-
priate CN codes indicated in column 2 of the said table.

Article 2

Binding tariff information issued by the customs authorities of
Member States which do not conform to the rights established
by this Regulation can continue to be invoked under the pro-
visions 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, 5 October 1999.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 224, 25.8.1999, p. 5.

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

L 259/4

EN

Official Journal of the European Communities

6. 10. 1999

Description

(1)

Magnesium oxide produced by calcination of magnesium carbo-
nate and arc fusion, taking the form of irregular granules ranging
from colourless through yellowish to greyish brown. The gran-
ules consist of translucent to transparent crystalline particles of
approximately 1 to 10 mm in size.

Density (bulk density): approximately 3,5 g/cm3

Magnesium oxide content: at least 95 % by weight

ANNEX

CN code

(2)

2519 90 10

Grounds

(3)

Classification is determined by the provisions of general rules 1
and 6 for the interpretation of the combined nomenclature and
by the wording of CN codes 2519, 2519 90 and 2519 90 10.

Classification in this subheading is determined by the manufac-
turing process, calcination and electric arc fusion at a temperat-
ure of 2 800 to 3 000 °C, as indicated in the CN explanatory
notes, subheading 2519 90 10, point 2.