Commission Regulation (EC) No 1017/2002 of 13 June 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-06-13
Institutions: European Commission
Subjects: Combined Nomenclature, textile product

14.6.2002

EN

Official Journal of the European Communities

L 155/23

COMMISSION REGULATION (EC) No 1017/2002

of 13 June 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:

not conform to the provisions of this Regulation, can
continue to be invoked for a period of 60 days 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 classifi-
cation 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 appli-
cation 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, subject to the measures in force in
the Community relating to double checking systems and
to prior and retrospective Community surveillance of
textile products on importation into the Community,
binding tariff information issued by the customs authori-
ties of Member States in respect of the classification of
goods in the Combined Nomenclature and which does

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 codes indicated in column 2.

Article 2

Subject to the measures in force in the Community relating to
double checking systems and to prior and retrospective
Community surveillance of textile products on importation into
information issued by the
the Community, binding tariff
customs authorities of Member States which does not conform
to the provisions of this Regulation, can continue to be invoked
for a period of 60 days, under the provisions of Article 12(6) of
Regulation (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, 13 June 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.

L 155/24

EN

Official Journal of the European Communities

14.6.2002

Description

(1)

ANNEX

CN code

(2)

Reasons

(3)

1. Thin knitted non-run interlock wiper of 100 % polyester
measuring approximately 21 cm × 21 cm. All four edges are
heat sealed.

6307 10 10

(Cleaning cloth)

(See photograph No 620 (*))

2. A woven, five-pointed star, containing metalised and other
yarns, stuffed with a synthetic material and measuring
approximately 8 cm × 8 cm. There is a loop of hanging
made from a metalised thread on one of the points.

(Other made up article — article for decoration)

(See photograph No 623 (*))

6307 90 99

(*) The photographs are purely for illustration.

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature, Note 7(c) to
Section XI, Note 1 to Chapter 63 and by the wording of CN
codes 6307, 6307 10 and 6307 10 10.

Due to the fact that the edges are heat sealed, the article is
considered to be made-up. See also the HS Explanatory Notes to
Section XI, General, (II),

‘Made up articles’, point 3.

See also the HS Explanatory Note to heading 6307, point 1.

Classification is determined by General Rules 1 and 6 for the
interpretation of the Combined Nomenclature, notes 7(a) and
(e) to Section XI, Note 1 to Chapter 63 and by the wording of
CN codes 6307, 6307 90 and 6307 90 99.

Taking into account the general appearance of this article, it can
be used throughout the whole year and not exclusively or
essentially at Christmas. Classification under heading 9505 is
therefore excluded.