Commission Regulation (EC) No 651/2007 of 8 June 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-06-08
Institutions: European Commission
Subjects: Combined Nomenclature, child, clothing, motor car, specification of tariff heading, textile product, vehicle parts

14.6.2007

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Official Journal of the European Union

L 153/3

COMMISSION REGULATION (EC) No 651/2007

of 8 June 2007

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 of that table.

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 goods 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
checking systems and to prior and retrospective
double
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 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, 8 June 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 580/2007 (OJ L 138, 30.5.2007, p. 1).

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

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Official Journal of the European Union

14.6.2007

Description of the goods

(1)

1. A lightweight garment for women intended
to cover the body reaching down to the
crotch, made of a knitted self-coloured
fabric of synthetic fibres (80 % polyamide
and 20 % elastane),
the fabric does not
contain any rubber thread.

of

vulcanised

is fitted with 8 mm wide
The garment
(heading
rubber
strips
4008), which are added by stitching them
into the neckline,
leg
openings.

armholes

and

The garment has under wired bra style
shaped cups, a lined gusset, adjustable
straps and high cut openings for the legs.

(swimsuit)

(See photograph No 641) (*)

2. Padded textile article composed of
layers of woven textile material
cotton)
stitching.

assembled with

padding

two
(100 %
by

The made up article is assembled by sewing
and shows the following characteristics:

The article is approx. 90 cm long and has a
close fitting neckline. It has an opening at
the front with a zip fastener of a length of
approximately 68 cm. There is an elastic
tightening element at the waist. The upper
part of the article has armholes and the
sides and the base are completely closed.
The
the
garment its body shape.

the upper part gives

cut of

(Romper bag for children)

(See photograph No 640) (*)

ANNEX

Classification
CN code

(2)

6112 41 90

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of CN codes
6112, 6112 41 and 6112 41 90.

garment

Since the rubber is added to the garment but
not contained in the fabric of the garment,
this
in
subheading 6112 41 10 (women's or girls'
swimwear of synthetic fibres containing 5 %
or more of rubber thread).

classified

cannot

be

its general appearance,
Taking into account
the
the cut and the nature of
garment meets the criteria for classification
of women's or girls' swimwear of synthetic
fibres (CN code 6112 41 90 — other).

the fabric,

6211 42 90

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, Note 7 to Section XI, Note 8 to
Chapter 62 and the wording of CN codes
6211, 6211 42 and 6211 42 90.

According to Note 4 a) to Chapter 62 this
article cannot be considered as a babies'
is designed for young
garment
children of a body height exceeding 86 cm,
therefore classification in heading 6209 is
excluded.

since

it

Taking into account the CN Explanatory Notes
to heading 6111, which consider babies'
romper bags with armholes or sleeves to be
garments,
the article in question which is
designed in the same manner as the ones for
babies (the upper part is cut like a garment),
only bigger in size, shall also be considered as
a garment.

Because of the cut of its upper part the article
is considered to be a garment of Section XI
similar
and not an article of bedding or
furnishing. Therefore classification in heading
9404 is excluded.

Since in the chapters covering garments there
is no specific heading for this kind of article, it
has to be classified as ‘other garment’.

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Official Journal of the European Union

L 153/5

(2)

6304 92 00

(1)

3. A furnishing article of textile materials to
be used in motor-cars. It is intended to be
placed on seats of motor vehicles and
the
consists of a multi-layered material,
outer layers are made of a woven material
(cotton) and the middle layer of a non-
woven material, which serves as padding.

(seat cover)

(See photograph no 642) (*)

(*) The photographs are purely for information.

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature and the wording of
the CN
codes 6304 and 6304 92 00.

See the HS explanatory notes
to heading
6304, which state that this heading includes
furnishing articles of textile materials used in
motor-cars.

This article is not a part of a car seat but an
accessory to the seat therefore it cannot be
classified in heading 9401. See also the HS
explanatory notes to heading 9401, Parts.

Because this article is designed to be used in
it cannot be considered as an
motor cars,
furnishing.
article
similar
or
bedding
Therefore classification in heading 9404 is
excluded.

of