Corrigendum to Commission Regulation (EC) No 729/2004 of 15 April 2004 concerning the classification of certain goods in the Combined Nomenclature (OJ L 113, 20.4.2004)
Date: 2004-05-07
Institutions: European Commission
Subjects: Combined Nomenclature, electric cable, footwear industry, information processing, manufactured goods

7.5.2004

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Official Journal of the European Union

L 173/9

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 729/2004 of 15 April 2004 concerning the classification of
certain goods in the Combined Nomenclature

(Official Journal of the European Union L 113 of 20 April 2004)

Regulation (EC) No 729/2004 should read as follows:

‘COMMISSION REGULATION (EC) No 729/2004

of 15 April 2004

concerning the classification of certain goods in the Combined Nomenclature

(1)

(2)

(3)

(4)

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:

to ensure uniform application of

In order
the Combined
Nomenclature annexed to Regulation (EEC) No 2658/87, it is
necessary to adopt measures concerning the classification 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 Nomenclature. 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 application of tariff and other measures relating to
trade in goods.

for a period of three months, continue to be invoked by the
holder, pursuant to Article 12(6) of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the Community
Customs Code (2).

The Customs Code Committee has not delivered an opinion
within the time limit set by its chairman as regards products
Nos 1, 2, 4, and 5 in the annexed table.

The measures provided for in this Regulation are in accordance
with the opinion of the Customs Code Committee as regards
product No 3 in the annexed table.

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the table set out in the Annex shall
be classified within the Combined Nomenclature under the CN codes
indicated in column 2.

Article 2

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 codes indicated in column 2, by virtue of the reasons set out
in column 3.

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 three months pursuant to Article 12(6) of
Regulation (EEC) No 2913/92.

It is appropriate to provide that binding tariff information which
has been issued by the customs authorities of Member States in
respect of the classification of goods in the Combined Nomen-
clature but which is not in accordance with this Regulation can,

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 Commission Regu-

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

lation (EC) No 2344/2003 (OJ L 346, 31.12.2003, p. 38).

Accession of 2003.

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Official Journal of the European Union

7.5.2004

Description

(1)

1.

Egg-shaped finials made up of a mixture of 75 % crushed
natural stone and 25 % polyester, with a metal ring at one
end to enable a curtain rail to be inserted in it. They are
encrusted over 18 % of their surface with round pieces of
buffalo bone for decorative purposes.

ANNEX

Classification
(CN Code)

(2)

6810 99 00

2. A hand-operated mill weighing less than 10 kg for grinding

6912 00 90

grains of salt for the seasoning of food.

The spherical plastic container holds the grains of salt that
are ground by a small ceramic grinding plate.

Reasons

(3)

Classification is determined by general rules 1, 3(b) and 6 for
the interpretation of the Combined Nomenclature, and by the
wording of CN codes 6810 and 6810 99 00.

The product is made up of different materials, of which the
predominating proportion is that of the crushed stone.

The product is excluded from heading 9601 as the nature of
the decorative material, buffalo bone, does not give the article
its essential character.

Classification is determined by general rules 1, 3(b) and 6 for
the interpretation of the Combined Nomenclature, Note 1(b) to
Chapter 84, and by the wording of CN codes 6912 00 and
6912 00 90.

The product is excluded from Chapter 82 by application of
Note 1(a) to this Chapter.

The essential character of the product is given by the ceramic
grinding plate.

3. A hand operated mill weighing less than 10 kg for grinding

8210 00 00

peppercorns for the seasoning of food.

The spherical plastic container holds the peppercorns that
are ground by a small grinding plate of base metal.

Classification is determined by general rules 1 and 6 for the
interpretation of the Combined Nomenclature, Note 1(a) to
Chapter 82, and by the wording of CN code 8210 00 00.

The product is excluded from Section XVI by application of
Note 1(k) to this section.

4. A set put up for retail sale consisting of a hand operated
pepper mill and a hand operated salt mill for the seasoning
of food.

8210 00 00

The spherical plastic containers hold the peppercorns and
the grains of salt that are ground by small grinding plates.

The grinding plate in the pepper mill is made of base metal
and in the salt mill of ceramic material.

5. A walker-rollator consisting of a tubular aluminium frame
on four wheels, with front swivel wheels, handles and
brakes. It includes a seat/carrying tray and a wire basket.
The product can be folded for transport.

8716 80 00

The product
difficulty in walking.
forward by pushing the walker-rollator,
support.

is designed to assist persons who have
enables a person to move
thus providing

It

(See photograph A) (*)

(*) The photograph is purely for information.

Classification is determined by general rules 1, 3(c) and 6 for
the interpretation of the Combined Nomenclature, Note 1(a) to
Chapter 82, and by the wording of CN code 8210 00 00.

The set consists of products that are used in the preparation of
food.

No component conferring essential character can be found for
this set.

Classification is determined by general rules 1 and 6 for the
the Combined Nomenclature, and by the
interpretation of
wording of CN codes 8716 and 8716 80 00.

The product is not considered to be an orthopaedic appliance
of heading 9021 since it does not meet the terms of Note 6 to
Chapter 90.

The product is not considered to be a carriage for disabled
persons of heading 8713.

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Official Journal of the European Union

L 173/11

(A)

’