2003/723/EC: Commission Decision of 30 September 2003 concerning the validity of certain binding tariff information (notified under document number C(2003) 3517)
Date: 2003-09-30
Institutions: European Commission
Subjects: Northern Ireland, United Kingdom, customs regulations, plastics, tariff nomenclature

L 260/34

EN

Official Journal of the European Union

11.10.2003

COMMISSION DECISION

of 30 September 2003

concerning the validity of certain binding tariff information

(notified under document number C(2003) 3517)

(Only the English text is authentic)

(2003/723/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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)

(2)

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

The binding tariff information referred to in the Annex
concerns an article that is made from woven strips, of
polyethylene of a width not exceeding 5 mm and has a
coating on both sides which is visible to the naked eye.
This article has therefore to be classified under heading
3926, by application of General Rules 1 and 6 for the
interpretation of the Combined Nomenclature and note
2(a)(3) to Chapter 59.

(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.

(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

The binding tariff information referred to in column 1 of
1.
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.

2.
The customs authorities specified in column 2 shall
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.

11.10.2003

EN

Official Journal of the European Union

L 260/35

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Article 3

Done at Brussels, 30 September 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

ANNEX

Binding Tariff Information
(reference)

Customs authority

Tariff classification

1

2

No 1

UK 103189888

HM Customs & Excise
Southend-on-Sea
United Kingdom

3

6306 12 00