Commission Regulation (EC) No 141/2002 of 25 January 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-01-25
Institutions: European Commission
Subjects: Combined Nomenclature, decorative item

26.1.2002

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Official Journal of the European Communities

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COMMISSION REGULATION (EC) No 141/2002

of 25 January 2002

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 2433/2001 (2), and in particular Article 9 thereof,

Whereas:

(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

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,

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, 25 January 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 329, 14.12.2001, p. 4.

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

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Official Journal of the European Communities

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ANNEX

Classification
(CN code)

(2)

7013 99 00

Description of the goods

(1)

1. A crackled-glass receptacle with three glass feet,
of a height of approximately 9 cm, with, at the
top, a circular opening of a diameter of
approximately 7,5 cm. A candle can be placed
in the receptacle

The receptacle is presented without a candle

(See photograph A) (*)

2. Three articles, put up in a set in a cardboard

7013 99 00

box for retail sale, consisting of:

— a colourless-glass receptacle, of a height of
approximately 15 cm, with, at the top, a
circular opening of a diameter of approxi-
mately 11 cm,

— a cylindrical candle, of a height of approxi-
mately 4,5 cm and a diameter of approxi-
mately 5 cm,

— approximately

150 g

of

fine

sand

contained in a plastic bag

The candle is to be placed on the sand in the
bottom of the receptacle

(See photographs B) (*)

(*) The photographs are purely for information.

Reasons

(3)

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 7013 and 7013 99 00

The receptacle is not designed to hold a candle in
a fixed position and, therefore, does not have the
characteristics of a candlestick of heading 9405

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 7013 and 7013 99 00

The three articles fulfil the criteria for classification
as goods put up in sets. The glass receptacle is the
article, which give the set its essential character

The receptacle is not designed to hold the candle
in a fixed position and, therefore, does not have
the characteristics of a candlestick of heading
9405

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