Commission Regulation (EC) No 1196/2005 of 22 July 2005 concerning the classification of certain goods in the Combined Nomenclature
Date: 2005-07-22
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, sports equipment

26.7.2005

EN

Official Journal of the European Union

L 194/9

COMMISSION REGULATION (EC) No 1196/2005

of 22 July 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)

(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 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 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 appli-
cation 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

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 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 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 of that table.

Article 2

Subject to the measures in force in the Community relating to
double
checking systems and to prior and retrospective
textile products on importation
Community surveillance of
into the Community, binding tariff information issued by the
customs
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.

authorities of Member States which is not

Article 3

This Regulation shall enter into force on the twentieth 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, 22 July 2005.

For the Commission

László KOVÁCS
Member of the Commission

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

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

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-
lation (EC) No 648/2005 of the European Parliament and of the
Council (OJ L 117, 4.5.2005, p. 13).

L 194/10

EN

Official Journal of the European Union

26.7.2005

ANNEX

Classification
CN code

(2)

6216 00 00

Reasons

(3)

Classification is determined by the provisions of General Rules 1,
3(b) and 6 for the interpretation of the Combined Nomenclature
and the wording of CN code 6216 00 00.

See also the HS Explanatory Notes to General Interpretative Rule
3(b) and to Heading 6216.

The glove is mainly used to keep the hand warm. The woven
fabric being the predominant material of the surface area contri-
buting to the role of retaining warmth gives this article its
essential character within the meaning of GIR 3(b).

Description of the goods

(1)

A glove made mainly of woven fabric. The majority of the
glove's surface area, which comprises the back of
the glove
(except the back of the fingers), the wrist, the part between the
fingers, a part of the thumb and the sides of the hand,
is of
woven fabric, coated on its inner side with a layer of non-cellular
plastic.

The palm, the front of the thumb and the sides of the fingers
facing the palm as well as the 4 finger tips are of knitted fabric,
coated on the outside with a non-cellular plastic.

The back of the fingers and the outside of the thumb is made of
a cellular plastic combined with knitted textile fabric on both
faces. There are pieces of rubber on the back of the fingers and
thumb in the area of the knuckle and a thin blade of rubber
along the outside of the index finger.

There is an elasticated band and a velcro-type tightening system
at the wrist area and a drawstring tightening system at the end of
the glove.

(See photographs No 635 A + B) (*)

(*) The photograph is purely for information.