Commission Regulation (EC) No 1114/2006 of  20 July 2006  concerning the classification of certain goods in the Combined Nomenclature
Date: 2006-07-20
Institutions: European Commission
Subjects: Combined Nomenclature, alcoholic beverage, pharmaceutical product

21.7.2006

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1114/2006

of 20 July 2006

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

is appropriate to provide that binding tariff

It
infor-
mation which has been issued by the customs authorities
of Member States in respect of the classification of goods
in
in the Combined Nomenclature but which is not
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
pursuant to Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th 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, 20 July 2006.

For the Commission

László KOVÁCS
Member of the Commission

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

last amended by
Commission Regulation (EC) No 996/2006 (OJ L 179, 1.7.2006,
p. 26).

(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).

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ANNEX

Classification
(CN code)

(2)

2208 90 69

2208 90 69

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 1(d) to Chapter 13, and by
the wording of CN codes 2208, 2208 90 and
2208 90 69.

Being a beverage the product cannot be classified
in Chapter 13.

It cannot be regarded as a medicament of
heading 3004 because it does not meet
the
criteria of the Additional Note 1 to Chapter 30.

The product has to be classified as a spirituous
beverage of heading 2208 (HSEN to heading
2208, third paragraph, item 16).

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, and by the wording of CN
codes 2208, 2208 90 and 2208 90 69.

The product cannot be regarded as a medicament
of heading 3004 because it does not meet the
criteria of the Additional Note 1 to Chapter 30.

The product has to be classified as a spirituous
beverage of heading 2208 (HSEN to heading
2208, third paragraph, item 16).

2208 90 69

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 1(a) to Chapter 30, and by
the wording of CN codes 2208, 2208 90 and
2208 90 69.

The product cannot be regarded as a medicament
of Chapter 30.

The product has to be classified as a spirituous
beverage of heading 2208 (HSEN to heading
2208, third paragraph, item 16).

Description of the goods

(1)

1. Liquid product based on arnica tincture (ratio
arnica/extract 1:10), put up for retail sale in a
bottle of 50 ml volume and with an alcoholic
strength by volume of 45 %.

According to the packaging the product
is
intended for human consumption for uses
other than liquor production.

Recommended dosage: 30 to 50 drops,
diluted in half a glass of water, 2 to 3 times
a day.

2. Liquid product put up for retail sale in a
bottle of 30 ml volume, with an alcoholic
strength by volume of 68 %, containing:
— plantain (Plantago lanceolata)
leaves, thyme (Thymus
vulgaris) and helichrysum
(Helichrysum italicum) flowers

2,1 g

— dry extract of propolis
— freeze-dried extract of

84 mg

grindelia (Grindelia robusta)

45 mg

— eucalyptus (Eucalyptus
globulus) essential oil

— Scotch pine (Pinus sylvestris)

essential oil

10,5 mg

10,5 mg

— alcohol
— water

According to the packaging the product
could be used to improve respiration and is
intended for human consumption.

Recommended dosage: 25 drops, diluted in a
little water, 3 times a day.

3. Liquid product put up for retail sale in a
bottle of 30 ml volume, with an alcoholic
strength by volume of 70 %, containing:
— propolis (min 38 mg/ml
total flavonoids expressed
as galangin)

16 % by
weight

— alcohol
— water

According to the packaging the product
could be used to enhance
throat's
natural defences and is intended for human
consumption.

the

Recommended dosage: 40 to 60 drops per
day in a teaspoon of sugar or honey.

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(1)

4. Liquid product put up for retail sale in a
bottle of 30 ml volume, with an alcoholic
strength by volume of 70 %, containing:
— hydroalcoholic extract of

propolis (standardized with
native dry extract of propolis

0,6 g

(2)

2208 90 69

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 3 to Chapter 33, and by
the wording of CN codes 2208, 2208 90 and
2208 90 69.

The product cannot be regarded as a mouthwash
of heading 3306 because it is not put up in a
form clearly specialised to such use (HSEN
General, fourth paragraph (b) to Chapter 33).

The product has to be classified as a spirituous
beverage of heading 2208 (HSEN to heading
2208, third paragraph, item 16).

— alcohol
— water

According to the packaging the product is
intended for human consumption in a
recommended dosage of 25 drops once or
twice a day, diluted in half a glass of water.
It can also be used as a mouthwash, by
diluting 25 drops in water as desired.

5. Liquid product based on glycerine macerate of
blackcurrant (Ribes nigrum) buds (ratio drug/
extract 1:20), put up for retail sale in a bottle
of 100 ml volume, with an alcoholic strength
by volume of 38 %.

is
According to the packaging the product
intended for human consumption for uses
other than liquor production.

Recommended dosage: 50 to 150 drops,
diluted in a little water, per day.

6. Product put up for retail sale in a spray bottle
of 30 ml volume, with an alcoholic strength
by volume of 20 %, containing
— hydro alcoholic extract of

propolis

— honey
— natural flavouring (lemon)
— xanthan gum
— lemon (Citrus limonum)

essential oil

86,75 %

13 %

0,1 %

0,1 %

0,05 %

The product is packaged as a mouth spray for
oral hygiene. It is sprayed directly into the
mouth.

2208 90 69

3306 90 00

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 1(d) to Chapter 13, and by
the wording of CN codes 2208, 2208 90 and
2208 90 69.

Being a beverage the product cannot be classified
in Chapter 13.

The product has to be classified as a spirituous
beverage of heading 2208 (HSEN to heading
2208, third paragraph, item 16).

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 2 to Section VI, Note 3 to
Chapter 33, and by the wording of CN codes
3306 and 3306 90 00.

The product
is put up in a form clearly
specialised to be used for oral hygiene (HSEN
to Chapter 33, General,
fourth paragraph,
item (b)).