Commission Regulation (EC) No 728/2004 of 15 April 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-04-15
Institutions: European Commission
Subjects: Combined Nomenclature, clothing

20.4.2004

EN

Official Journal of the European Union

L 113/3

COMMISSION REGULATION (EC) No 728/2004

of 15 April 2004

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), and in particular Article 9(1)(a)
thereof,

Whereas:

classification of goods in the Combined Nomenclature
and which is not in accordance with this Regulation, can
continue to be invoked for a period of 60 days by the
holder, under Article 12(6) of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the Com-
munity Customs Code (2).

(5)

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
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 Nomen-
clature. Those rules apply also to any other nomen-
clature which is wholly or partly based on it or which
adds any additional subdivision to it and which is estab-
lished by specific Community provisions, with a view to
the application 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 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
surveillance of textile products on importation into the
Community, binding tariff
information issued by the
customs authorities of Member States in respect of the

HAS ADOPTED THIS REGULATION:

Article 1

The good described in column 1 of the table set out in the
Annex shall be classified within the Combined Nomenclature
under the CN-code 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 Com-
munity surveillance of textile products on importation 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, 15 April 2004.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commis-
sion Regulation (EC) No 2344/2003 (OJ L 346, 31.12.2003, p. 38).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the Act

of Accession of 2003.

L 113/4

EN

Official Journal of the European Union

20.4.2004

ANNEX

Classification
CN code

(2)

6206 40 00

6204 63 18

Reasons

(3)

The classification is determined by the provisions of general
rules 1 and 6 for the interpretation of the Combined Nomen-
clature, note 13 to Section XI, notes 3(b) and 8 to Chapter 62
and the wording of CN codes 6204, 6204 63, 6204 63 18,
6206 and 6206 40 00.

Classification as an ensemble is ruled out according to note
3(b) to Chapter 62, because the two garments in question are
not made up in identical fabric.

Classification as pyjamas is excluded, because the garments in
question, by reason of their objective characteristics, are not
identifiable

as intended to be worn exclusively or essentially as nightwear.

Description

(1)

A set of two garments put up for retail sale, consisting of:

A) shiny self-coloured fabric (100 % polyester), with a close-
fitting mandarin-style collar, with a partial front opening
crossing from center neck to the left armpit and fastened
right over left by buttons and loops. The bulky buttons
consist of rolled narrow woven fabric. Bound at the sleeve
ends, collar, the front opening and at the base. The base of
the garment and the sleeve ends are curved and have side
vents. The garment is cut straight and intended to cover
the upper part of the body as far as the hips. It has an
embroidered motif on the front.

(blouse)

(See photograph No 632 A) (*)

B) A loose-fitting lightweight garment made of a woven shiny
printed fabric (100 % polyester),
intended to cover the
lower part of the body reaching from the waist to the
ankles, enclosing each leg separately, cut straight. It has an
elasticated waist without opening and is bound in plain
fabric at the leg ends. The leg ends are curved and have
side vents.

(trousers)

(See photograph No 632 B) (*)

(*) The photographs are purely for information.