Commission Regulation (EC) No 2064/2001 of 22 October 2001 concerning the classification of certain goods in the combined nomenclature
Date: 2001-10-22
Institutions: European Commission
Subjects: Combined Nomenclature, clothing

23.10.2001

EN

Official Journal of the European Communities

L 278/3

COMMISSION REGULATION (EC) No 2064/2001

of 22 October 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 1783/2001 (2), and in particular Article 9
thereof,

Whereas:

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 Regulation (EC) No 2700/
2000 of the Council and of the European Parliament (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,

(1)

(2)

(3)

(4)

In order to ensure uniform application of the combined
nomenclature annexed to the said Regulation, it is neces-
sary to adopt measures concerning the classification of
the goods referred to in the Annex to this Regulation.

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

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, 22 October 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 241, 11.9.2001, p. 7.

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

L 278/4

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Official Journal of the European Communities

23.10.2001

Description

(1)

Calf-length garment (about 128 cm long at the
back) of self-coloured, flimsy,
lightweight, trans-
parent fabric of synthetic fibres (100 % polyester).

The garment has a collar with lapels and long,
narrow sleeves, opens all the way at the front,
buttoning right over left from the collar to near
the waist and is unlined. The fabric has been
turned up and sewn to create a straight hem and
cuffs.

This garment consists of three panels (two at the
front and one at the back) sewn together length-
the back from the
ways.
shoulder-blades to the waist and another two at
the front from the breast to the waist.

it has two darts at

(other garment)

(See photograph No 613 (*))

(*) The photographs are purely for illustration.

ANNEX

CN code

(2)

6211 43 90

Reasons

(3)

Classification is determined by general rules 1 and
6 for the interpretation of the combined nomen-
clature, Note 1 to Chapter 54 and Notes 1 and 8
to Chapter 62, and by the wording of CN codes
6211, 6211 43 and 6211 43 90.

The flimsy, lightweight, transparent material offers
no protection against the weather, which excludes
classification as a coat in heading 6202.

See also the HS Explanatory Notes to heading
6101.

Despite its length, the garment cannot be worn
without another garment covering the lower body
because it does not button below the crotch. It is
therefore not a dress.

See also the CN explanatory notes to subheadings
6104 41 00 to 6104 49 00.

the length of

Because of
the garment which
extends to the calf, a classification as a shirt/blouse
under heading 6206 is excluded.

See also the CN Explanatory Notes to heading
6106.

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Official Journal of the European Communities

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