Commission Regulation (EC) No 2855/2000 of 27 December 2000 concerning the classification of certain goods in the Combined Nomenclature
Date: 2000-12-27
Institutions: European Commission
Subjects: Combined Nomenclature, textile product, toiletries

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COMMISSION REGULATION (EC) No 2855/2000

of 27 December 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 2559/2000 (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 appropriate that, 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 information issued by the customs authori-
ties of Member States in respect of the classification of
goods in the Combined Nomenclature 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 European Parliament and
Council Regulation (EC) No 2700/2000 (4), for a period
of 60 days 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
classified within the Combined Nomenclature under the 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 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 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 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, 27 December 2000.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 293, 22.11.2000, p. 1.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 17.

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Description

(1)

1. Toilet sets distributed by airlines to passengers
(during their flight or at their destination if
their baggage is not available), consisting of
a
(approximately
25 × 16 × 12 cm) coated inside with plastics
and containing small quantities, for limited use,
of products such as:

rectangular

fabric

bag

— 1 bottle (40 ml) of liquid soap,

— 1 bottle (40 ml) of body milk,

— 1 bottle (40 ml) of eau de Cologne,

— 1 disposable razor with shaving cream and
after-shave, put up in the same case,

— 1 toothbrush,

— 1 tube of toothpaste,

— 1 shoe cleaner,

— 1 sewing kit,

— 3 paperboard nail files,

— 1 comb, of plastics,

— 10 cellulose-wadding handkerchiefs,

— 1 clothes brush,

— 1 shoehorn of plastics,

Reasons

(3)

Classification is determined by General Notes 1
and 6 for the interpretation of
the Combined
Nomenclature and the wording of the relevant CN
codes

The articles do not form a travel set for personal
toilet of heading 9605 nor do they form a set of
General Rule 3b (separate classification of each of
the articles)

ANNEX

CN code

(2)

4202 92 91

3401 20 90

3304 99 00

3303 00 90

9605 00 00

9603 21 00

3306 10 00

3405 10 00

9605 00 00

6805 20 00

9615 11 00

4818 20 10

9603 90 91

3926 90 99

— 1 pair of knitted slippers without soles,

6115 92 00

(100 % cotton)

— 1 toilet glove, of terry toweelling or similar

6302 60 00

terry fabrics (100 % cotton),

— 1 pair of knitted unisex pyjamas, consisting
of a short-sleeved T-shirt (50 % polyester/
50 % acrylic) and 1 pair of shorts (100 %
acrylic)

2. Straight cut,

lightweight,

loose-fitting knitted
garment (100 % cotton), of one colour, with
the imprint ‘Don't wake the sleepy lion’ and
other decorative motifs printed on the front
and on the sleeves, going down to mid-thigh
length (total
It has a round
neckline with no opening, with an applied welt
of knitted fabric, and short sleeves. The sleeve
ends and the bottom of
the garment are
hemmed

length 90 cm).

(dress)

(See photograph No 604) (*)

6109 90 30
6104 93 90

6104 42 00

Classification is determined by General Rules 1
and 6 for the interpretation of
the Combined
Nomenclature, Note 9 to Chapter 61 and the
wording of CN codes 6104 and 6104 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
characteristics, may be worn equally in bed and
elsewhere and, therefore,
is not intended to be
worn exclusively or essentially as nightwear

Because of the length of this garment, it cannot be
classified under CN code 6109

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Description

(1)

3. Straight cut,

lightweight,

loose-fitting knitted
garment (100 % cotton), of one colour, with a
decorative motif and the imprint ‘Good Night’
printed on the front, going down to mid-thigh
length (total
length 90 cm), and with short
sleeves

It has a round neckline with no opening, with a
semi-circular insert at the back in a different
colour. It also has an applied welt on knitted
fabric at the sleeve ends made of a different
colour but of the same material. the neckline
and the bottom of the garment have decorative
seams

(dress)

(See photograph No 605) (*)

4. Straight cut, striped,

lightweight,

loose-fitting
knitted garment (60 % cotton, 40 % polyester),
for a child whose height is greater than 86 cm
(commercial size greater than 86), with the
stitched inscription ‘Sleep Wear’ and other
embroideries on the front. This garment goes
down to the knees (total

length 82 cm)

It has a round neckline with an applied welt of
knitted fabric with a partial opening with a
button fastening right over
left, and short
sleeves

The neckline, the sleeve ends and the bottom
of the garment have an applied welt of knitted
fabric with a decorative border. The bottom of
the garment is curved and has side slits of
approximately 10 cm long

(dress for girls)

(See photograph No 606) (*)

CN code

(2)

6104 42 00

6104 42 00

Reasons

(3)

Classification is determined by General Rules 1
the Combined
and 6 for the interpretation of
Nomenclature, Note 9 to Chapter 61 and the
wording of CN codes 6104 and 6104 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
characteristics, may be worn equally in bed and
elsewhere and, therefore,
is not intended to be
worn exclusively or essentially as nightwear

Because of the length of this garment, it cannot be
classified under CN code 6109

Classification is determined by General Rules 1
the Combined
and 6 for the interpretation of
Nomenclature, Note
Section XI,
to
Subheading note 2(A) to Section XI, Note 9 to
Chapter 61 and the wording of CN codes 6104
and 6104 42 00

2(A)

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
characteristics, may be worn equally in bed and
elsewhere and, therefore,
is not intended to be
worn exclusively or essentially as nightwear

Because of the length of this garment, it cannot be
classified under CN code 6109

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Description

(1)

5. Set of three garments put up for retail sale

made up of:

(a) Single coloured woven garment of synthetic
fibres (100 % polyamide), intended to cover
the upper part of the body reaching down
length: 67 cm), with a
to the hips (total
knitted lining
The garment has a high-fitting collar, an
integrated hood, a complete opening at the
front with a zhip fastening with a protective
flap fastening left over right by means of
press studs. It has long sleeves with elastica-
tion and a ‘Velcro’-type tightening facility at
the sleeve ends. It has a drawstring at the
collar and elastic at the base of the garment
It has two inside pockets above the waist
fastened by zip fasteners and two outside
pockets below the waist with protective
flaps fastened by press studs. There are
storm flaps on the front and on the back of
the garment and a facility to retain a buoy-
ancy device within the garment
(Anorak)
(See photograph No 607 A) (*)

(b) Single coloured knitted garment of man-
made fibres,
intended to cover the upper
part of the body reawching down to just
below the waist (total length: 65 cm), with
a partial
lining at the front and the arms
The garment has a high fitting collar, a
complete opening at the front with a zip
fastening, and long sleeves with elastication
at the sleeve ends and a drawstring at the
base of the garment. The garment also has
two inside pockets at the front at waist level
which are fastened by zip fasteners and is
made up of cut and sewn panels
(wind-jacket)
(See photograph No 607 B) (*)

CN code

(2)

6201 93 00

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of
the Combined
Nomenclature, Note 13 to Section XI, Notes 3(b)
and 8 to Chapter 62 and the wording of CN codes
6201 and 6201 93 00

Taking into account that these garments do not
have the same fabric construction, colour and
composition or the same style, they cannot be
classified as an ‘ensemble’ following the provisions
of note 3(b) to Chapters 61 and 62

See also the explanatory notes to the Combined
Nomenclature relating to CN codes 6201 91 00 to
6201 99 00

6102 30 90

Classification is determined by General Rules 1
and 6 for the interpretation of
the Combined
Nomenclature, Note 13 to Section XI, Notes 3(b)
and 9 to Chapter 61 and the wording of CN codes
6102, 6102 30 and 6102 30 90

Taking into account that these garments do not
have the same fabric construction, colour and
composition or the same style, they cannot be
classified as an ‘ensemble’ following the provisions
of note 3(b) to Chapters 61 and 62

See also the explanatory notes to the Combined
Nomenclature relating to heading 6102

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CN code

(2)

6203 43 19

Reasons

(3)

Classification is determined by General Rules 1
the Combined
and 6 for the interpretation of
Nomenclature, Note 13 to Section XI, Notes 3(b)
and 8 to Chapter 62 and the wording of CN codes
6203 6203 43 and 6203 43 19

Taking into account that these garments do not
have the same fabric construction, colour and
composition or the same style, they cannot be
classified as an ‘ensemble’ following the provisions
of note 3(b) to Chapters 61 and 62

Description

(1)

(c) A pair of single coloured woven trousers of
synthetic fibres (100 % polyamide), intended
to cover the lower part of the body reaching
down to the ankles, with a woven lining
and two interior pockets
It has a partial opening at the front with a
zip fastener and a press stud with a covering
flap closing left over right
The two legs of
these trousers have zip
fastenings over the whole length covered by
a protective flap with ‘velcro’-type fastening
and can be tightened at the bottom by a
‘velcro’-type strip
(trousers)
(See photograph No 607 C) (*)

(*) The photographs are purely for information.

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