Commission Regulation (EC) No 2049/2002 of 19 November 2002 concerning the classification of certain goods in the Combined Nomenclature
Date: 2002-11-19
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, cotton

20.11.2002

EN

Official Journal of the European Communities

L 316/15

COMMISSION REGULATION (EC) No 2049/2002

of 19 November 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 1832/2002 (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-codes 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, 19 November 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 290, 28.10.2002, p. 1.

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

L 316/16

EN

Official Journal of the European Communities

20.11.2002

ANNEX

Classification
CN code

(2)

6109 10 00

Description

(1)

Set of two garments put up for retail sale comprising:

(a) a self-coloured garment made of a lightweight knitted fabric
(100 % cotton)
intended to cover the upper part of the
body, without an opening in the neckline, with short
sleeves, a round neck with ribbed neckline, hemmed at the
bottom of the garment and the sleeve ends. There is a
printed design and text on the front of the garment.

(T-shirt)

(see photograph No 625) (*)

(b) a self-coloured garment made of a lightweight knitted fabric
(100 % cotton) intended to cover the lower part of the body
from the waist to above the knee, enclosing each leg sepa-
rately, without an opening at the waist. The garment has an
elasticated waist and is hemmed at the leg ends. It also has a
printed design on the lower left leg.

6104 62 90

(Shorts)

(see photograph No 626) (*)

(*) The photographs are purely indicative.

Reasons

(3)

Classification is determined by the provisions of General Rules
1 and 6 for the interpretation of the Combined Nomenclature,
note 13 to Section XI, notes 3(b) and 9 to Chapter 61 and the
wording of CN codes 6104, 6104 62, 6104 62 90, 6109 and
6109 10 00.

Classification as an ensemble is ruled out according to note 3(b)
to Chapter 61.

The garments cannot be classified as pyjamas as they are not
identifiable as intended for wear exclusively or mainly as night-
wear.