Commission Regulation (EC) No 1020/2003 of 13 June 2003 concerning the classification of certain goods in the Combined Nomenclature
Date: 2003-06-13
Institutions: European Commission
Subjects: Combined Nomenclature, textile product

L 147/10

EN

Official Journal of the European Union

14.6.2003

COMMISSION REGULATION (EC) No 1020/2003

of 13 June 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 2176/2002 (2), and in particular Article
9(1) thereof,

Whereas:

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

It is appropriate to provide that, subject to the measures
in force in the Community relating to double checking
systems and to prior and retrospective Community
textile products into the
surveillance of
imports of
Community, binding tariff
information issued by the
customs authorities of Member States in respect of the

classification of goods in the Combined Nomenclature
and which is not in accordance with this Regulation, can
continue to be invoked by the holder for a period of 60
days, under 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).

(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 shall be classified in the Combined Nomenclature in the
corresponding CN code indicated in column 2 of that table.

Article 2

Subject to the measures in force in the Community relating to
double checking systems and to prior and retrospective
Community surveillance of imports of textile products into the
Community, binding tariff information issued by the customs
authorities of Member States which is not in accordance with
this Regulation, can continue to be invoked for a period of 60
days, under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 June 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 331, 7.12.2002, p. 3.

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

14.6.2003

EN

Official Journal of the European Union

L 147/11

ANNEX

Classification
(CN code)

(2)

6302 32 90

Description of the goods

(1)

A self-coloured cover, suitable for laundering
(approximately 73 cm x 42 cm), made from a
the outer
multi-layer quilted textile product,
layer consisting of a woven fabric (65 % polye-
ster, 25 % cotton and 10 % polypropylene), the
middle layer of wadding and the inner layer of
a self-coloured non-woven fabric (100 % poly-
propylene). It has a zip fastener to allow it to
be filled.

(pillowcase)

(See photograph no 627) (*)

(*) The photographs are purely for illustration.

Reasons

(3)

Classification is determined by the provisions
of General Rules 1 and 6 for the interpreta-
tion of the Combined Nomenclature, notes
2(A) and 7 to section XI, subheading note
2(A) to section XI, note 1 to chapter 63 and
the wording of CN codes 6302, 6302 32 and
6302 32 90.

The multi-layer quilted textile is made up of a
product of heading 5811. See also the Harmo-
nised System explanatory notes to heading
5811.

This article is considered to be bed linen
within the meaning of heading 6302. See also
the Harmonised System explanatory notes to
heading 6302 (1) which include pillowcases
into heading 6302.

Classification under heading 9404 (articles of
bedding)
is ruled out, since this article is
neither stuffed nor internally fitted with any
material. See also the Harmonised System
explanatory notes to heading 9404 (B). More-
the Harmonised System explanatory
over,
notes to heading 9404 (e) exclude pillowcases
and assign them to heading 6302.