Commission Regulation (EC) No 2180/2001 of 9 November 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-11-09
Institutions: European Commission
Subjects: Combined Nomenclature, tariff nomenclature, toy industry

10.11.2001

EN

Official Journal of the European Communities

L 293/5

COMMISSION REGULATION (EC) No 2180/2001

of 9 November 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:

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 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 this 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, 9 November 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 293/6

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Official Journal of the European Communities

10.11.2001

ANNEX

Classification
CN code

(2)

9503 90 37

Reasons

(3)

Classification is determined by the provisions of General Rules
1 and 6 for the interpretation of the Combined Nomenclature,
Note 1(t) to Section XI and the wording of the CN codes 9503,
9503 90 and 9503 90 37.

Due to its intended use and its supply of toys the product is
considered to be a toy of textile.

Description of the goods

(1)

Product in the form of a square-shaped textile mat (65 % poly-
ester and 35 % cotton), measuring approximately 70 × 70 cm,
which is upholstered with polyester fibres.

Two flexible plastic sticks, upholstered with plastic foam and a
textile covering, are supplied with the mat. They have a length
of approximately 1,5 m each and can be attached to the edges
of the mat.

The following accessories are supplied for attachment to the
plastic sticks:

— a mirror made of textiles and plastic,

— a rattle made of plastic,

— a flower made of textiles containing an electronic module

which produces a piece of music when pressed.

The product is intended for children up to the age of 10
months.

See illustration A (*)

Classification is determined by the provisions of General Rules
1 and 6 for the interpretation of the Combined Nomenclature,
Note 1(t) to Section XI and the wording of the CN codes 9503,
9503 90 and 9503 90 37.

Due to its intended use and its supply of toys the product is
considered to be a toy of textile.

Product in the form of a textile mat, which is upholstered with
plastic foam. The mat consists of four segments, which can be
connected in different ways by means of ‘Velcro’ fasteners.

9503 90 37

Three segments of the mat have windows, which are supplied
with the following accessories:

— a mirror made of plastic,

— a ball made of textiles, which contains a rattle,

— a star made of textiles, which produces a squeezing noise,

— a plastic bag to be filled with water, which contains fish

made of plastic,

— images of animals. This segment is furthermore supplied
with round-shaped figures made of textiles and contain an
electronic module, which produces the sound of the rele-
vant animal.

One sequent consists of a textile mat with accessories in the
form of geometric patterns.

These accessories are attached by means of ‘Velcro’ fasteners or
textile laces to the segments of the mat.

The product is intended for children up to the age of 18
months.

See illustration B (*)

(*) The photographs are purely for information.

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Official Journal of the European Communities

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