2003/726/EC: Commission Decision of 30 September 2003 concerning the validity of certain binding tariff information (notified under document number C(2003) 3516)
Date: 2003-09-30
Institutions: European Commission
Subjects: Finland, customs regulations, man-made fibre, tariff nomenclature

14.10.2003

EN

Official Journal of the European Union

L 262/27

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 30 September 2003

concerning the validity of certain binding tariff information

(notified under document number C(2003) 3516)

(Only the Finnish and Swedish texts are authentic)

(2003/726/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (1),
as last amended by Regulation (EC) No 2700/2000 of the
European Parliament and of the Council (2), and in particular
Article 12(5)(a)(iii) and Article 248 thereof,

Having regard to Commission Regulation (EEC) No 2454/93 of
2 July 1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (3), as last amended by Regulation
(EC) No 1335/2003 (4), and in particular the second indent of
Article 9(1) thereof,

Whereas:

(1)

The binding tariff information referred to in the Annex
is inconsistent with other binding tariff information, and
the tariff classification it contains is incompatible with
the general rules for the interpretation of the Combined
Nomenclature set out in Part I, Section I A of Annex I to
Council Regulation (EEC) No 2658/87 of 23 July 1987
on the tariff and statistical nomenclature and on the
Common Customs Tariff (5),
amended by
Commission Regulation (EC) No 2176/2002 (6).

last

as

(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 311, 12.12.2000, p. 17.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 187, 26.7.2003, p. 16.
(5) OJ L 256, 7.9.1987, p. 1.
(6) OJ L 331, 7.12.2002, p. 3.

The binding tariff information referred to in the Annex
concerns a woven fabric, cut to the length, of synthetic
filaments (34 % polyester, 52 % polyamides with 14 %
polyurethane coating). As the coating is not visible to
the naked eye, this fabric has to be classified under
heading 5407, by application of General Rules 1 and 6
for the interpretation of the Combined Nomenclature
and note 2(a)(1) to Chapter 59.

(3)

(4)

(5)

The said binding tariff information should cease to be
valid. The customs administration which issued the
soon as
information should therefore revoke it as
possible and notify the Commission to that effect.

According to Article 12(6) of Regulation (EEC) No
2913/92 the holder should be given, during a certain
period of time, the possibility of invoking binding tariff
information which has ceased to be valid subject to the
conditions laid down in Article 14(1) of Regulation
(EEC) No 2454/93.

The measures provided for in this Decision are in accor-
dance with the opinion of
the Customs Code
Committee,

HAS ADOPTED THIS DECISION:

Article 1

1.
The binding tariff information referred to in column 1 of
the table set out in the Annex, which has been issued by the
customs authorities specified in column 2 for the tariff classifi-
cation specified in column 3 shall cease to be valid.

L 262/28

EN

Official Journal of the European Union

14.10.2003

The customs authorities specified in column 2 shall
2.
revoke the BTI referred to in column 1 at the earliest possible
date and in any case not later than 10 days from the notifica-
tion of this Decision.

The customs authority which revokes the binding tariff

3.
information shall notify this to the Commission.

Article 2

The binding tariff information referred to in the Annex can
continue to be invoked under Article 12(6) of Regulation (EEC)
No 2913/92 for a certain period of time provided that the
conditions laid down in Article 14(1) of Regulation (EEC) No
2454/93 are met.

Article 3

This Decision is addressed to the Republic of Finland.

Done at Brussels, 30 September 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

Binding Tariff Information
(reference)

1

1

FI 178/301/01

ANNEX

Customs authority

Tariff classification

2

Tullihallitus
Helsinki
Finland

3

5903 20 90 90