Commission Regulation (EC) No 155/2008 of 21 February 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-02-21
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, textile product

L 48/12

EN

Official Journal of the European Union

22.2.2008

COMMISSION REGULATION (EC) No 155/2008

of 21 February 2008

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,

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).

Whereas:

(5)

The Customs Code Committee has not issued an opinion
within the time limit set by its Chairman,

(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

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
double
checking systems and to prior and retrospective
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, 21 February 2008.

For the Commission

László KOVÁCS
Member of the Commission

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

(EC) No 1352/2007 (OJ

last amended by
L 303,

Commission Regulation
21.11.2007, p. 3).

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

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

22.2.2008

EN

Official Journal of the European Union

L 48/13

Description of the goods

Classification CN code

ANNEX

(2)

6212 10 90

(1)

Article consisting of two preformed soft
cellular plastic cups covered on both
surfaces with knitted fabric. Knitted
bands are sewn on to the edges of the
cups to reinforce their oval shape. The
cups
a
magnetic metal clasp.

together with

joined

are

The inside of each cup is coated with an
adhesive which is protected by a plastic
film. Following removal of the plastic
film, the adhesive enables the cups to
adhere to the breasts when in direct
contact with the skin.

The article is designed to be worn next
to the skin.

(brassière)

photographs Nos

(See
643B) (*)

643A and

Reasons

(3)

Classification is determined by General Rules 1 and 6
for the interpretation of the Combined Nomenclature,
notes 2(a)(5) to Chapter 59 and 2(a) to Chapter 61 and
the wording of CN codes 5903, 6212, 6212 10 and
6212 10 90.

As the cellular plastic of the cups is combined with
textile fabric on both faces,
the textile fabric is
regarded as having a function beyond that of mere
reinforcement within the meaning of note 2(a)(5) to
Chapter 59, it confers the essential character of textile
to the combined material of the cups and consequently
is considered to be the constituent material of
the
article (see also the HS Explanatory Notes to Chapter
39, General, ‘Plastics and textile combinations’, (d) and
seventh paragraph). Thus, the article is a textile article
of section XI and not a plastic article of apparel of
subheading 3926 20.

the

thickness of

cellular plastic

The article has the characteristics of a brassière, i.e. the
oval shaped, preformed, cellular plastic cups which are
reinforced along the edges, together with the magnetic
metal clasp hold the breasts in place. Instead of the
classic straps reaching around the back of the body,
this article adheres to the body by means of an
adhesive coating on the inside of the cups. Due to
cups when
the
attached to the underside of
it gives
support by pushing the breasts up. Moreover, when
putting the article on, the upper part of the cups is
fixed as high as possible to the skin above the breasts
and consequently the breasts which are inside the cups
are lifted up and supported. Thus, the article is of a
kind ‘designed for wear as body-supporting garment’
within the meaning of the HS Explanatory Notes to
heading 6212, first paragraph. Furthermore, like other
brassieres, the article is designed to be worn next to the
skin.

the breasts,

(*) The photographs are purely for information.

The article is classified as a brassière in heading 6212,
because this heading includes brassieres of all kinds (see
also the HS Explanatory Notes
to heading 6212,
second paragraph, (1)).