Commission Regulation (EC) No 1201/2001 of 18 June 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-06-18
Institutions: European Commission
Subjects: Combined Nomenclature, manufactured goods, pesticide, plastics

L 163/8

EN

Official Journal of the European Communities

20.6.2001

COMMISSION REGULATION (EC) No 1201/2001

of 18 June 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 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 Euro-
pean Parliament and Council Regulation (EC) No 2700/
2000 (4), 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,
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 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, 18 June 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.

20.6.2001

EN

Official Journal of the European Communities

L 163/9

Description of goods

(1)

ANNEX

CN code

(2)

Reasons

(3)

A preparation consisting of a suspension of zinc
in water and
pyrithione (fungicide substance)
containing (percentage by weight):

3808 20 80

— zinc pyrithione:
— water:
— antimicrobial preservatives:
— a surface active agent:

24-26
75-77
0,5
0,1

The preparation is presented in bulk and used at
different concentrations as the active ingredient
(fungicide) in different products

Article made from sheets of non-cellular plastic.
Dimensions are approximately 109 cm in length,
45 cm in width and 15 cm in depth. The product
has one transparent side, a full zip closure and
folds out to form a large box shape. It is used, for
example, for the storage of clothing or household
linen

3926 90 91

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature, by Note 1 to Chapter
29 and by the wording of CN codes 3808,
3808 20 and 3808 20 80

See also the HS Explanatory Note to Heading
38.08

The preparation cannot be classified in Chapter 29
because it is presented in the form of a suspension
of an active substance (zinc pyrithione). It is not
put up for specific use but for general use and has
the characteristics of a fungicide. It is not intended
for therapeutic or prophylactic use, within the
meaning of Chapter 30

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 3926, 3926 90 and 3926 90 91

This flexible and folding article is used for the
storage of goods and not for the conveyance or
packing of goods