Commission Regulation (EC) No 455/2007 of 25 April 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-04-25
Institutions: European Commission
Subjects: Combined Nomenclature, insecticide

L 109/30

EN

Official Journal of the European Union

26.4.2007

COMMISSION REGULATION (EC) No 455/2007

of 25 April 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:

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.

(1)

(2)

(3)

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

Article 3

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 codes indicated in column 2, by
virtue of the reasons set out in column 3 of that table.

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, 25 April 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

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

(EC) No 301/2007 (OJ L 81, 22.3.2007, p. 11).

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

26.4.2007

EN

Official Journal of the European Union

L 109/31

Description of the goods

(1)

1. A preparation in the form of an alcoholic solution
put up in pipettes for retail sale. The composition is
as follows:
— fipronil (ISO)
— butylated hydroxyanisole

0,02 g

10 g

(BHA, E 320)

— butylated hydroxytoluene

0,01 g

(BHT, E 321)
— excipient q.s.p.

100 ml

The preparation, containing a substance showing an
insecticide and acaricide activity against parasites
such as fleas, ticks and lice, is used externally on
pets (dogs and cats).

2. A preparation in the form of an alcoholic solution
put up in spray (sprayer, pump) for retail sale. The
composition is as follows:
— fipronil (ISO)
— excipient q.s.p.

100 ml

0,25 g

The preparation, containing a substance showing an
insecticide and acaricide activity against parasites
such as fleas, ticks and lice, is used externally on
pets (dogs and cats).

ANNEX

Classification
(CN code)

(2)

3808 91 90

Reasons

(3)

Classification is determined by General Rules
1, 3a and 6 for the interpretation of
the
Combined Nomenclature and the wording of
CN codes 3808, 3808 91 and 3808 91 90.

See also HS Explanatory Notes to heading
3808 and subheadings 3808 91 to 3808 99.

The preparation does not have a therapeutic
or prophylactic effect, within the meaning of
heading 3004.

3808 91 90

Classification is determined by General Rules
1, 3a and 6 for the interpretation of
the
Combined Nomenclature and the wording of
CN codes 3808, 3808 91 and 3808 91 90.

See also HS Explanatory Notes to heading
3808 and subheadings 3808 91 to 3808 99.

The preparation does not have a therapeutic
or prophylactic effect, within the meaning of
heading 3004.

The preparation does not contain any in-
gredients which give the product the prop-
erties of a toilet preparation for animals.
Consequently it
is excluded from heading
3307.