Commission Regulation (EC) No 347/2001 of 19 February 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-02-19
Institutions: European Commission
Subjects: Combined Nomenclature, child, clothing, footwear industry

L 52/8

EN

Official Journal of the European Communities

22.2.2001

COMMISSION REGULATION (EC) No 347/2001

of 19 February 2001

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 Commission
Regulation (EC) No 2559/2000 (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
Community Customs Code (3), as last amended by Regu-
lation (EC) No 2700/2000 of the European Parliament
and of the Council (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.

(1)

(2)

(3)

(4)

In order to ensure inform 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 are
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, 19 February 2001.

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.

22.2.2001

EN

Official Journal of the European Communities

L 52/9

ANNEX

Classification
CN code

(2)

Reasons

(3)

These four items cannot be considered as ‘goods put up in sets for
retail sale’ because they do not meet a particular need or serve to
carry out a specific activity.

6104 53 00

Classification is determined by the provisions of General Rules 1 and
6 for the interpretation of the Combined Nomenclature, and the
wording of CN codes 6104 and 6104 53 00

Note 1(e) to Chapter 95 excludes textile fancy dresses of Chapters 61
and 62.

See also the HS explanatory note to heading 9505, (A), (3).

Description

(1)

1. Four items packaged together for retail sale and consisting of:

(a) A single coloured knitted net garment which covers the lower
part of the body from waist to upper thigh (100% synthetic
fibres) for a child. With an elasticated waist, two layers of trim
attached to waist band, one of knitted net and one of knitted
100 % synthetic fibres.

The edges of the garment are unhemmed.

A knitted net flower shape attached to the front for decora-
tion.

(skirt)

(See photograph No 610 A) (*)

(b) A plastic wand with metallic star and a feather trim.

9503 90 32

(See photograph No 610 B) (*)

Classification is determined by the provisions of General Rules 1 and
6 for the interpretation of the Combined Nomenclature, and the
wording of CN codes 9503, 9503 90 and 9503 90 32.

(c) A pair of dancing slippers (toys) with a textile upper, elastic
around the upper edge and across the width of the shoe,
which is trimmed with ribbon. With plastic soles. On the front
of each dancing slipper there is a rosette made of knitted net,
and a bow of 100 % synthetic fibres.

(See photograph No 610 C) (*)

9503 90 37

Classification is determined by the provisions of General Rules 1 and
6 for the interpretation of the Combined Nomenclature, note 1(f) of
Chapter 64 and the wording of CN Codes 9503, 9503 90 and
9503 90 37.

The dancing slippers (toys) are not considered to be footwear of
Chapter 64 because of the tightness of the elastic around the upper
edge of the dancing slippers (toys) and across the foot. The textile
used would not withstand regular wear as dancing slippers.

(d) A handbag of clear plastic sheet with a design printed on the
front. With a zip closure. With webbing shoulder strap (not
adjustable). With trim around the edges.

4202 22 10

Classification is determined by the provisions of General Rules 1 and
6 for the interpretation of the Combined Nomenclature, and the
wording of CN codes 4202, 4202 22 and 4202 22 10.

Measures: 16 cm × 13,5 cms × 4,5 cm

(handbag)

(See photograph No 610 D) (*)

2. Three items packaged together for retail sale and consisting of:

6204 43 00

(a) A woven dress for children (100 % synthetic fibres) with a

V-shaped neck without an opening.

The bodice has applied knitted lace covering the woven fabric.
It has
is
unhemmed at the neckline, sleeve ends and at the base of the
garment.

sleeves with elasticated sleeve ends.

short

It

(b) Two knitted accessories consisting of a knitted veil and a

textile bouquet (100 % synthetic fibres).

The goods are packaged together as a fancy dress set for a
child

(dress)

(See photograph No 611 (*)

Note 1(d) to Chapter 95 excludes ‘sports bags or other containers of
heading 4202, 4303 and 4304’.

Classification is determined by the provisions of General Rules 1, 3(b)
and 6 for the interpretation of the Combined Nomenclature, and the
wording of CN codes 6204 and 6204 43 00.

Note 1(e) to Chapter 95 excludes textile fancy dresses of Chapters 61
and 62.

See also the HS explanatory note to heading 9505, (A), (3).

L 52/10

EN

Official Journal of the European Communities

22.2.2001

Description

(1)

3. Sandal with outer soles of rubber, with sole and heel combined
having a height of less than 3 cm and with insoles of a length of
24 cm or more. The majority of the external surface of the upper
consists of straps of leather lined with woven man-made fibre
fabrics. Three straps of textile material fasten across the forefoot
with a velcro-type fastening.

(See photographs No 609 A + B) (*)

Classification
CN code

(2)

6403 99 33

Reasons

(3)

Classification is determined by General Rules 1 and 6 for the inter-
pretation of the Combined Nomenclature, Note 4 to Chapter 64,
additional note 1 to Chapter 64 and the wording of CN codes 6403,
6403 99 and 6403 99 33.

This sandal cannot be classified as ‘sports footwear’ within the
meaning of subheading note 1 to chapter 64.

Neither can it be considered as footwear ‘designed for sporting acti-
vity’ within the meaning of the definition of ‘footwear involving
special technology’, because, inter alia, the upper does not give the
foot stability in the shoe.

4. Indoor footwear with a knitted upper of pile fabrics with an
applied ribbing covering the ankle with an animal head (monkey)
made of the same material as the remainder of the upper sewn to
the vamp.

6405 20 91

Classification is determined by General Rules 1 and 6 for the inter-
pretation of the Combined Nomenclature, Note 4(b) to Chapter 64,
additional note 2 to Chapter 64 and the wording of CN codes 6405,
6405 20 and 6405 20 91

The sole consists of a layer of soft cellular plastic material inserted
between two textile layers.

The outer textile layer has the characteristics of durability and/or
strength usually required for the normal use of an outer sole.

The outer textile layer is made of a resistant textile material and
has applied PVC-dots. The outer textile material (approximately
80 % of the surface of the outer sole) and the PVC-dots (approxi-
mately 20 % of the surface of the outer sole) make contact with
the ground.

(See photographs No 608 A + B) (*)

(*) The photographs are purely for information

Taking into account these characteristics the outer sole has to be
considered as a textile sole.

22.2.2001

EN

Official Journal of the European Communities

L 52/11

L 52/12

EN

Official Journal of the European Communities

22.2.2001