Commission Regulation (EC) No 1178/2007 of 5 October 2007 concerning the classification of certain goods in the Combined Nomenclature
Date: 2007-10-05
Institutions: European Commission
Subjects: Combined Nomenclature, knitted and crocheted goods, tariff nomenclature

10.10.2007

EN

Official Journal of the European Union

L 264/3

COMMISSION REGULATION (EC) No 1178/2007

of 5 October 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 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

Subject to the measures in force in the Community relating to
checking systems and to prior and retrospective
double
Community surveillance of
textile products on importation
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
the European
that of
Union.

its publication in the Official

Journal of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 5 October 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 733/2007 (OJ L 169, 29.6.2007, p. 1).

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

L 264/4

EN

Official Journal of the European Union

10.10.2007

Description of the goods

(1)

colour, of man-made

two knitted fabrics of
Article made up of
different
fibres. The
fabrics are suitable for swimwear. The article is
to be worn next to the skin, reaching down to
just below the bust, with two preformed cups
being thinly padded and wired for support.

The article has narrow removable shoulder
straps. It is closed on the back by means of a
clip. The part of the article reaching around the
back presents on the inside adhesive strips
clinging to the back of the wearer and holding
the article in place together with the shoulder
straps and the wired preformed cups.

(brassiere designed like a bikini top)

(See photograph no. 640 A, 640 B) (*)

(*) The photographs are purely for information.

ANNEX

Classification
CN code

(2)

6212 10 90

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the Combined
Nomenclature, note 2(a) to chapter 61 and the
wording of CN codes 6212, 6212 10 and
6212 10 90.

Although, from its general appearance, cut and
nature of
fabric the article appears to be an
upper part of a two-piece bathing costume
(bikini),
6112
(swimwear)
is excluded, because the article
lacks the lower part of the ‘two-piece bathing
costume’. See also the HS Explanatory Notes
to heading 6112, (C).

classification

heading

in

the article is not an ‘incomplete
Moreover,
article’ of heading 6112 (swimwear) within the
meaning of GIR 2 (a), because the article does
not have the essential character of the complete
article (i.e. a two-piece bathing costume), since it
cannot be used for swimming as such.

The article is classified as a brassiere in heading
6212, because this heading includes brassieres of
all kinds. See the HS Explanatory Notes to
heading 6212, 2nd paragraph,
(1). The two
preformed padded cups, wired for support, are
characteristic of classic brassieres. Together with
the adhesive strips clinging to the back of the
the removable
wearer and with or without
is of
article
shoulder
a kind
‘designed
body-supporting
as
garment’. See also the HS Explanatory Notes to
heading 6212, 1st paragraph.

the
for wear

straps,

640 A

640 B