Commission Regulation (EC) No 849/2002 of 22 May 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-05-22
Institutions: European Commission
Subjects: Combined Nomenclature, leather industry

L 135/10

EN

Official Journal of the European Communities

23.5.2002

COMMISSION REGULATION (EC) No 849/2002

of 22 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 796/2002 (2), and in particular Article 9
thereof,

Whereas:

this Regulation, can continue to be invoked for a period
of three months by the holder, 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 European Parliament and of the
Council (4).

(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 Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classi-
fication 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 apply also 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 those general rules, the goods described in
column 1 of the table annexed to this Regulation should
be classified under the CN code(s) 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 Nomen-
clature and which does not conform to the provisions of

HAS ADOPTED THIS REGULATION:

Article 1

In the table in the Annex, the goods described in column 1
shall be classified, in the Combined Nomenclature, in the corre-
sponding CN code(s) indicated in column 2.

Article 2

Binding tariff information, issued by the customs authorities of
Member States and which does not conform to the provisions
of this Regulation, can continue to be invoked for a period of
three months, under the provisions of Article 12(6) of Regula-
tion (EEC) No 2913/92.

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 May 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 128, 15.5.2002, p. 8.

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

23.5.2002

EN

Official Journal of the European Communities

L 135/11

Description

(1)

ANNEX

Classification
CN code

(2)

Reasons

(3)

Footwear with an outer sole and upper of plastics, with sole and
heel combined having a height of less than 3 cm.

6402 99 39

A single piece of material is used to form the sole and a part of
the upper (raised side parts).

The other part of the upper consists of a plastic strap that is
attached across the foot to the aforementioned side parts by four
horizontal plugs.

(See photograph No 621) (*)

(*) The photographs are purely for information.

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature and the wording
of CN codes 6402, 6402 99 and 6402 99 39.

The upper of the shoe is considered to be that portion of the
shoe that covcers the sides and top of the foot. See also the HS
Explanatory Notes to Chapter 64, General, (D).

As the plugs are not attached to the part of the shoe which forms
the sole,
shoe cannot be classified under CN code
6402 20 00.

this