Commission Regulation (EC) No 160/2007 of 15 February 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-02-15
Institutions: European Commission
Subjects: Combined Nomenclature, alcoholic beverage, food supplement

20.2.2007

EN

Official Journal of the European Union

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COMMISSION REGULATION (EC) No 160/2007

of 15 February 2007

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:

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,

(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.

HAS ADOPTED THIS REGULATION:

Article 1

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.

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
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 February 2007.

For the Commission

László KOVÁCS
Member of the Commission

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

(EC) No 1930/2006 (OJ L 406, 30.12.2006, p. 9).

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Council
Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

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Official Journal of the European Union

20.2.2007

ANNEX

Classification

(CN code)

(2)

2208 90 69

Description of the goods

(1)

Product consisting of a clear, dark brown liquid
with an aromatic, herb-like smell and a bitter,
herbal taste. It has an actual alcoholic strength
of 43 % by volume.

The product consists of a mixture of 32 kinds
of medicinal herb extracts with caramel extract,
water and alcohol
(96 % alcohol by volume).
The following ingredients, among others, are
used for the manufacture of this product:
— Zedoary (Radix Zedoariae)
— Manna (Manna)
— Angelica root (Radix Angelicae)
— Carline root (Radix Carlinae)
— Myrrha (Myrrha)
— Camphor (Camphora)
— Saffron (Flos Croci)

According to the packaging it is recommended
to take the product
(a
spoonful per morning and evening, dilution
with water,
juice possible but not
mandatory).

in small quantities

tea or

The product, put up in a 500-ml bottle,
directly consumable as a beverage.

is

Reasons

(3)

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

interpretation of

the

The product cannot be regarded as a medi-
cament of Chapter 30. Neither the label, nor
the
accompanying user directions nor
the
packaging contains any information about the
type
active
substance(s). Only the amount and type of
plants or parts of plants used are mentioned.
The
to
conditions of Additional Note 1(b)
Chapter 30 are therefore not met.

concentration

and

the

of

The product is a spirituous beverage of heading
2208, having the characteristics of a food
supplement, designed to maintain general
health or well-being, based on extracts from
plants (see the Harmonised System Explanatory
Note to heading 2208, third paragraph,
item
16).