Commission Regulation (EC) No 442/2000 of 25 February 2000 concerning the classification of certain goods in the Combined Nomenclature
Date: 2000-02-25
Institutions: European Commission
Subjects: Combined Nomenclature, commercial vehicle, construction equipment, toy industry

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 442/2000

of 25 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 (1) and on
the Common Customs Tariff, as last amended by Commission
Regulation (EC) No 254/2000 (2), and in particular Article 9
thereof,

Whereas:

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
last amended by
Community Customs Code (3), as
Council and European Parliament Regulation (EC) No
955/1999 (4),
three months by the
holder.

for a period of

(5)

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

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
is
Nomenclature annexed to the said Regulation,
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 appropriate that binding tariff information issued by
the customs authorities of Member States in respect of
the classification of goods in the Combined Nomencla-
ture and which does not conform to the provisions of

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in Column 1 of the annexed table is
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 20th 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, 25 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.

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Official Journal of the European Communities

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Description of goods

(1)

ANNEX

Classification
(CN code)

(2)

Reason

(3)

1. Track chains of vulcanised rubber reinforced
with embedded metal bars and steel wires.

4016 99 82

These track chains are used on e.g. construc-
tion machinery, snowgroomers or agricultural
machines.

reinforcement
serve
The metal parts
purposes and guiding of the track chain only.

for

See illustration A (*)

2. New three-wheeled vehicles with a 2-stroke
49,8 cm3 spark ignition internal combustion
piston engine, a gearbox with four forward
speeds plus reverse and a differential.

The vehicles have a cabin with a seat for the
driver only and handle bar mounted controls.

They are equipped with a load bin, which may
be open or closed. The vehicles can carry a
maximum load of 200 kg

See illustration B (*)

The balloons have a filler neck,
in which a
valve in the form of a strip of synthetic
material
is inserted. This strip automatically
seals the gas inside the balloon and prevents it
from leaking out.

The balloons will be filled with gas (air or
helium).

4. Kites, in the form of a frameless, rectangular
sliding parachute with cells of plastic fabric,
which swell in the wind. The kites can be used
separately. However,
is possible to stack
it
several kites of the same kind one above the
other.

These kites are steered by two or four cords
from the ground.

See illustrations C and D (*)

(*) The illustration are purely for information.

3. Balloons, made of aluminised, bonded plastic
foil. The plastic foil forms the exterior of the
balloon.

9503 90 32

Classification is determined by the provisions of
General Rules 1, 3(b) and 6 for the interpretation
of
to
the Combined Nomenclature. Note 1(a)
Section XVI, Note 2(a) to Section XVII and the
wording of CN codes 4016, 4016 99 and
4016 99 82.

The steel wires and the metal bars are not inter-
connected and are surrounded completely by the
vulcanised rubber. The metal parts do not form an
independent track chain.

8704 31 91

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature and the wording of the
CN codes 8704, 8704 31 and 8704 31 91.

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature, Note 2(v) to Chapter 39
and the wording of the CN codes 9503, 9503 90
and 9503 90 32.

These products may be printed with different
motifs which do not influence the classification as
a toy balloon.

9503 90 37

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature and the wording of the
CN codes 9503, 9503 90 and 9503 90 37.

Although these kites can be used for sporting
competitions and for pulling beach buggies, skiers
or surfboarders they are essentially designed for
the amusement of children or adults.

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