Commission Regulation (EC) No 323/2000 of 11 February 2000 concerning the classification of certain goods in the Combined Nomenclature
Date: 2000-02-11
Institutions: European Commission
Subjects: Combined Nomenclature, cereal product

L 37/12

EN

Official Journal of the European Communities

12. 2. 2000

COMMISSION REGULATION (EC) No 323/2000

of 11 February 2000

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 Regulation
(EC) No 254/2000 (2), and in particular Article 9 thereof,

Whereas:

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
Nomenclature annexed to the said Regulation,
is
necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation.

it

Regulation (EEC) No 2658/87 has set down the general
rules for the interpretation of the Combined Nomencla-
ture. 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.

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 CN codes indicated in
column 2, by virtue of the reasons set out in column 3.

It is accepted that binding tariff information issued by
the customs authorities of Member States in respect of
the classifiction of goods in the Combined Nomencla-

ture and which does not conform to the provisions of
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 establishing the
Community Customs Code (3), as last amended by Euro-
pean Parliament and Council Regulation (EC) No 955/
1999 (4), for a period of three months by the holder.

(5)

The measures provided for in this Regulation are in
accordance with the opinion 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 CN
codes indicated in column 2 of the said table.

Article 2

Binding tariff information issued by the customs authorities of
Member States which does not conform to the provisions of
this Regulation can continue to be invoked under the provi-
sions 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, 11 February 2000.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 28, 3.2.2000, p. 16.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 119, 7.5.1999, p. 1.

12. 2. 2000

EN

Official Journal of the European Communities

L 37/13

Description of goods

(1)

Pellets, consisting of a mixture of maize-milling
(approximately 70 % by weight) and
products
barley forage meal (approximately 30 % by weight)
with
characteristics
(percentage by weight):

following

analytical

the

— dry matter (105 °C)
— ash (800 °C)
— starch (determined by the modified

Ewers polarimetric method)

87,5
2,1

47,2

ANNEX

CN code

(2)

2309 90 51

Reasons

(3)

Classification is determined by General Rules 1 and
6 for the interpretation of the Combined Nomen-
clature and by the wording of CN codes 2309,
2309 90 and 2309 90 51

This product which is a mixture of maize-milling
products and barley forage meal is to be considered
as a preparation of a kind used in animal feeding of
heading 2309