Commission Regulation (EC) No 763/2002 of 3 May 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-05-03
Institutions: European Commission
Subjects: Combined Nomenclature, irrigation, piping

4.5.2002

EN

Official Journal of the European Communities

L 117/3

COMMISSION REGULATION (EC) No 763/2002

of 3 May 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 Commission
Regulation (EC) No 578/2002 (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
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 laid 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 that of 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, 3 May 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 97, 13.4.2002, p. 1.

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

L 117/4

EN

Official Journal of the European Communities

4.5.2002

Description of goods

(1)

Drip irrigation tube, manufactured from a thin flexible plastic
strip folded lengthways. The two edges are overlapped and
joined together to form a flat perforated tube. The product is
presented in rolls of various lengths

ANNEX

CN Code

(2)

3917 32 99

Reasons

(3)

Classification is determined by the provisions of General Rules
1 and 6 for the interpretation of the Combined Nomenclature,
by Note 8 to Chapter 39 and by the wording of CN codes
3917, 3917 32 and 3917 32 99.

The classification is based on the form and the constituent
material of the product. The product is a tube made of plastics.
it is classifiable under
By virtue of Note 8 to Chapter 39,
heading 3917. It cannot be considered as an irrigation system
of heading 8424 or a part thereof.