Commission Regulation (EC) No 901/2007 of 27 July 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-07-27
Institutions: European Commission
Subjects: Combined Nomenclature, crop production, human nutrition

28.7.2007

EN

Official Journal of the European Union

L 196/31

COMMISSION REGULATION (EC) No 901/2007

of 27 July 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:

(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 should be
classified under the CN code 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 Customs Code Committee has not issued an opinion
within the time limit set by its Chairman,

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

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, 27 July 2007.

For the Commission

Danuta HÜBNER
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 733/2007 (OJ L 169, 29.6.2007, p. 1).

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

L 196/32

EN

Official Journal of the European Union

28.7.2007

ANNEX

Classification
(CN code)

(2)

1212 99 70

Description of the goods

(1)

Product consisting of the cut, fermented and dried
leaves and plant tips of the rooibos plant (Aspa-
lathus linearis), also known as ‘Red Bush’.

After harvesting, the green leaves and plant tips
are cut into pieces of 2 to 5 mm in length. These
are then bruised, fermented and dried.

The product is mainly used to prepare infusions.

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of
the Combined
Nomenclature, and by the wording of CN codes
1212, 1212 99 and 1212 99 70.

Classification in heading 1211 is excluded as the
product is not used primarily for the purposes
mentioned in the wording of this heading (‘…
in
a kind used primarily in perfumery,
of
pharmacy or for insecticidal, fungicidal or similar
purposes’).

Consequently, the product has to be classified as
another vegetable product of a kind used primarily
for human consumption, not elsewhere specified
or included, of heading 1212.