Commission Regulation (EC) No 1989/2004 of 19 November 2004 concerning the classification of certain goods in the Combined Nomenclature
Date: 2004-11-19
Institutions: European Commission
Subjects: Combined Nomenclature, meat product, milk by-product, preparation for market, statistical nomenclature, tariff nomenclature

20.11.2004

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Official Journal of the European Union

L 344/5

COMMISSION REGULATION (EC) No 1989/2004

of 19 November 2004

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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:

(1)

(2)

(3)

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 classi-
fication 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 also apply 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 the said general rules, the goods described in
column 1 of the table set out in the Annex to this
the CN codes
Regulation should be classified under
indicated in column 2, by virtue of the reasons set out
in column 3.

is appropriate to provide that binding tariff

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

(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 within the Combined Nomenclature
under the CN codes indicated in column 2 of that table.

Article 2

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 under
Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the twentieth day
following 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, 19 November 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 Regulation (EC) No 1558/2004 (OJ L 283, 2.9.2004,
p. 7).

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

of Accession of 2003.

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Official Journal of the European Union

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Description of the goods

(1)

ANNEX

Classification
(CN code)

(2)

Reasons

(3)

1. Cooked meat preparation with the following

1602 20 90

composition (percentage by weight):

Liver:
Chopped pork:
Collar:
Kidney:
Lung:
Spleen:
Rind:
Fat with rind:
Other ingredients:
Water:

15
5
2
6
13
7
20
20
2
10

The preparation is put up in cans.

Classification is determined by General Rules 1 and
6 for the interpretation of the Combined Nomen-
clature, Note 2 to Chapter 16 and by the wording
of CN codes 1602, 1602 20 and 1602 20 90.

The liver content is considered to be present in a
sufficient quantity as
its
character of liver preparation (see the Explanatory
Notes to the Combined Nomenclature to sub-
headings 1602 20 11 to 1602 20 90).

to give the product

2106 90 59

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature and by the wording
of CN codes 2106, 2106 90 and 2106 90 59.

The preparations being in liquid form do not meet
the criteria for sugar confectioneries in heading
1704 as the HS Explanatory Notes state ‘this
heading covers most of
the sugar preparations
which are marketed in a solid or semi-solid form’.

Neither do they have to be regarded as non-
alcoholic beverages of subheading 2202 10 00, as
they are not directly consumed as beverages
because of their acid content (Additional note 1
to chapter 22).

2. Products consisting of sugar solution and small
the
quantities
following composition (percentage by weight):

ingredients with

other

of

PRODUCT 1

Sugar:
Glucose syrup:
Citric acid:
Malic acid:
Xanthan gum:
Sodium benzoate:
Acesulfame potassium:
Aspartame:
Flavouring:
Colouring:
Water:

31,5
28,5
5
2,5
0,2
0,05
0,03
0,009
0,5
0,002
remainder

The product is put up for retail sale in a small
plastic bottle with a dropper
(h = 6 cm; ø = 2 cm)
(See photograph No 1) (*)

PRODUCT 2

Sugar:
Citric acid:
Malic acid:
Fumaric acid:
Sodium carboxymethyl
cellulose:
Potassium sorbate:
Sodium benzoate:
Acesulfame potassium:
Aspartame:
Flavouring:
Colouring:
Water:

34
5
3
0,05

0,07
0,016
0,01
0,03
0,01
0,5
0,002
remainder

The product is put up for retail sale as a spray
in a small plastic bottle
(h = 10 cm; ø = 1,5 cm)
(See photograph No 2) (*)

Both products are
consumption without
water.

intended for

immediate
further dilution with

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Official Journal of the European Union

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(2)

3502 20 91

(3)

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of
the Combined Nomenclature, Note 4 (b)
to
Chapter 4 and the wording of CN codes 3502,
3502 20 and 3502 20 91.

The products are to be considered concentrates of
two or more whey proteins in the meaning of
heading text 3502 and cannot be regarded as an
isolate of lactoglobulins of heading 3504.

(1)

3. Whey

protein isolates,

form,
containing more than 90 % protein by weight
calculated on dry matter. The product
is
obtained by microfiltration of whey.

in powder

The protein profile is as follows:
— beta-lactoglobulin: 50-60 %
— alfa-lactalbumin: 10-25 %
— immunoglobulin: 5-7 %
— glycopeptides: ca. 20 %

The lactose and fat content is less than 1 %.

Lecithin can be present in small quantities when
used as a wetting agent during manufacturing.

The
product
consumption.

is

intended

for

human

(*) The photographs are purely for information.

Photograph No 1

Photograph No 2