Commission Regulation (EC) No 2147/2001 of 31 October 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-10-31
Institutions: European Commission
Subjects: Combined Nomenclature, aerosol, cosmetic product, insecticide

1.11.2001

EN

Official Journal of the European Communities

L 288/23

COMMISSION REGULATION (EC) No 2147/2001

of 31 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 2031/2001 (2), and in particular Article 9
thereof,

Whereas:

ture 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 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
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.

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

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-

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, 31 October 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 279, 23.10.2001, p. 1.

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

L 288/24

EN

Official Journal of the European Communities

1.11.2001

Description of goods

(1)

A preparation in the form of a solution put up in
pressurised spray cans for retail sale.
The composition is as follows (percentage by
weight):

1) Insecticides:

— permethrine:
— malathion:
— piperonyl butoxide:

2) Isododecane:

1
0,5
4

94,5

and propellent (butane/propane).

The preparation, containing insecticides against
head lice and nits, is sprayed on the dry hair and
scalp before using a shampoo

ANNEX

Classification
CN code

(2)

3808 10 10

Reasons

(3)

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 3808, 3808 10 and 3808 10 10

See also HS Explanatory Note to heading 3808

The preparation does not contain any ingredients
conferring the product the properties of a prepara-
tion for the use on the hair and, consequently, it is
excluded from heading 3305

The preparation is not intended for therapeutic or
prophylactic use, within the meaning of heading
3004