Commission Regulation (EC) No 635/2005 of 26 April 2005 concerning the classification of certain goods in the Combined Nomenclature
Date: 2005-04-26
Institutions: European Commission
Subjects: Combined Nomenclature, beverage, instant product, pasta, specification of tariff heading

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 635/2005

of 26 April 2005

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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
Regulation, should be classified under the CN codes
indicated in column 2, by virtue of the reasons set out
in column 3.

(4)

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 20th day following
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 April 2005.

For the Commission

László KOVÁCS
Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation

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

(EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1).

2003 Act of Accession.

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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
1902, 1902 30 and 1902 30 10.

The product is presented as a set, the components
of which are put up for retail sale. The essential
character of
is given by noodles
considering their large proportion.

the product

The product cannot be classified in heading 2104
as the addition of the quantity of water into the
bowl
is not sufficient to prepare a soup or a
broth but gives it the characteristics of a noodle
dish.

Classification in accordance with General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Additional Note 1 to Chapter
30,
description for CN codes 2106,
2106 90 and 2106 90 92.

the

See also the HS Explanatory Notes to heading
2106, paragraph 14 and the Combined Nomen-
clature Explanatory Notes to Chapter 30.

substance(s). They mention only

Neither the user directions nor packaging contain
any details of the type and concentration of the
active
the
amount and type of plants or parts of plants
used. The conditions of Additional Note 1(b) to
Chapter 30 are not therefore met.

ANNEX

Classification
(CN code)

(2)

1902 30 10

Description of the goods

(1)

1. A product comprised of dried, pre-cooked
wheat flour noodles (approximately 80 g) and
spices (approximately 11 g).

The product
is put up for retail sale in a
250 ml expanded polystyrene bowl, which
contains noodles and a small sachet of spices.

According to the instructions printed on the
packaging, the spices and boiling water (max
200 ml) have to be added to the bowl of
noodles. After
the pasta is
three minutes,
ready for consumption.

(See photograph) (*)

2. Diuretic/renal tea put up in bags for retail sale.

2106 90 92

The label contains the following information:

1)

Composition of each bag (1,8 g):

Medicinally active ingredients:
— horsetail
— birch leaves
— golden rod
— spiny restharrow root

0,47 g
0,45 g
0,38 g
0,20 g

Other ingredients:

Rose
hip
peppermint
liquorice root.

husks,
leaves,
cornflower
leaves, marigold blossom,

2) Dosage and mode of application:

Pour one cup (approximately 150 ml) of
boiling water onto one tea bag, cover and
leave
to brew for approximately 15
minutes and then remove the tea bag.
Unless otherwise prescribed, one cup of
freshly brewed tea 3 to 4 times a day
between meals.

3) Applications:

To increase the volume of urine in the
case of kidney or bladder catarrh and to
prevent urinary gravel or stones.

(*) The photograph is purely for information.

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