Commission Regulation (EC) No 55/2003 of 13 January 2003 concerning the classification of certain goods in the Combined Nomenclature
Date: 2003-01-13
Institutions: European Commission
Subjects: Combined Nomenclature, foodstuff, prepared foodstuff

14.1.2003

EN

Official Journal of the European Communities

L 8/3

COMMISSION REGULATION (EC) No 55/2003

of 13 January 2003

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:

(1)

(2)

(3)

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 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 appli-
cation 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 set out in the Annex to this Regu-
lation should be classified under the CN code(s) indicated
in column 2, by virtue of the reasons set out in column
3.

(4)

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 is not in accordance with the provisions
of this Regulation, can continue to be invoked by the
holder, under the provisions of 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), for a period
of three months.

(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 table set out in the
Annex are classified within the Combined Nomenclature under
the CN code(s) indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of
Member States which is not in accordance with 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, 13 January 2003.

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 8/4

EN

Official Journal of the European Communities

14.1.2003

ANNEX

Classification
CN code

(2)

1904 90 10

1904 90 10

1904 90 10

1904 90 10

Description of the goods

(1)

1. Ready-made meal, consisting of the following
two, individually packed, components, put up
in a set for retail sale:

(a) pre-cooked rice (150 g); and
(b) curry (200 g) consisting of coconut milk
(72 %), chicken meat (20 %), mixture of spices
(7 %),
(0,5 %) and anchovies
extract (0,5 %).

lemon grass

2. Ready-made meal, consisting of the following
two, individually packed, components, put up
in a set for retail sale:

(a) pre-cooked rice (150 g); and
(b) Curry (200 g) consisting of coconut milk
(65 %), chicken meat (14 %), mixture of spices
(13,2 %), aubergines (3 %), basil (2,5 %) and
anchovies extract (2,3 %).

3. Ready-made meal, consisting of the following
two, individually packed, components, put up
in a set for retail sale:

(a) pre-cooked rice (150 g); and
(b) curry (200 g) consisting of coconut milk
(65,4 %), chicken meat
(15,5 %), potatoes
(10 %), mixture of spices (7,1 %) and ancho-
vies extract (2 %).

4. Ready-made meal, consisting of the following
two, individually packed, components, put up
in a set for retail sale:

(a) pre-cooked rice (150 g); and
(b) curry (200 g) consisting of coconut milk
(50 %), beef (20 %), potatoes (15 %), mixture
of spices (7 %), ground-nuts (3 %), anchovies
extract (3 %) and onions (2 %).

5. Product in the form of a powder with the
following composition (percentage by weight):

3504 00 00

– protein

– – collagen content:

– moisture
– ash (550 °C)

92
65
4
4

The product, which is soluble in water, is made
from bones by hydrolysis. It is used to bind
water in, e.g., meat products.

Reasons

(3)

Classification is determined by the provisions of
General Rules 1, 3 (b) and 6 for the interpretation
of
the Combined Nomenclature and by the
wording of CN codes 1904, 1904 90 and
1904 90 10.

This product is put up for retail sale in accordance
with General Rule 3(b). Its essential character is
conferred by the rice component (heading 1904).

Classification is determined by the provisions of
General Rules 1, 3(b) and 6 for the interpretation
of
the Combined Nomenclature and by the
wording of CN codes 1904, 1904 90 and
1904 90 10.

This product is put up for retail sale in accordance
with General Rule 3(b). Its essential character is
conferred by the rice component (heading 1904).

Classification is determined by the provisions of
General Rules 1, 3(b) and 6 for the interpretation
of
the Combined Nomenclature and by the
wording of CN codes 1904, 1904 90 and
1904 90 10.

This product is put up for retail sale in accordance
with General Rule 3(b). Its essential character is
conferred by the rice component (heading 1904).

Classification is determined by the provisions of
General Rules 1, 3 (b) and 6 for the interpretation
the Combined Nomenclature and by the
of
wording of CN codes 1904, 1904 90 and
1904 90 10.

This product is put up for retail sale in accordance
with General Rule 3(b). Its essential character is
conferred by the rice component (heading 1904).

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the wording of
CN codes 3504 and 3504 00 00.

Taking into account that the product is made from
bones and its composition, it cannot be regarded
as a meat extract of heading 1603. Nor can it be
considered to be, in view of the collagen content
and the ash content, a gelatin of heading 3503.

Due to the high protein content, the product has
the characteristics of a protein isolate of heading
3504.