Commission Regulation (EC) No 1028/2008 of 19 September 2008 concerning the classification of certain goods in the Combined Nomenclature
Date: 2008-09-19
Institutions: European Commission
Subjects: Combined Nomenclature, clothing, textile product

21.10.2008

EN

Official Journal of the European Union

L 278/3

COMMISSION REGULATION (EC) No 1028/2008

of 19 September 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,

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
information issued by the
Community, binding tariff

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

and to prior

Subject to the measures in force in the Community relating to
double-checking systems
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
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, 19 September 2008.

For the Commission

László KOVÁCS
Member of the Commission

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

(2) OJ L 302, 19.10.1992, p. 1.

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Official Journal of the European Union

21.10.2008

Description of the goods

(1)

Article made up of knitted fabric of different
colour, of man-made
is
suitable for swimwear.

fibres. The

fabric

The article is to be worn next
reaching down to just below the bust.

to the skin,

Two triangle-shaped pieces of textile fabric form
cups for the breasts, when the article is worn.
Each of the two triangles is lined with a single-
coloured knitted fabric and is hemmed at
the
three edges. The hem at the lower edge forms a
tunnel through which an elastic textile string is
passed. An elastic textile string is sewn on the
pointed upper edge of each triangle. The two
vertical elastic strings are tied behind the neck
and the horizontal elastic string is tied at the
back of the wearer.

(brassiere)

(See photographs Nos 644 A, 644 B and 644
C) (*)

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
fabric the article appears to be an
nature of
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

Moreover, the article is not an ‘incomplete 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 has the characteristics of a brassiere,
since by means of
the textile strings the two
triangle-shaped pieces of textile fabric form cups
for the breasts, when the article is worn. By tying
the horizontal and vertical strings tightly around
the body, allows the breasts to be raised and
supported. Thus,
a kind
‘designed for wear as body-supporting garment’
within the meaning of
the HS Explanatory
Notes to heading 6212, first paragraph.

article

is of

the

Furthermore,
designed to be worn next to the skin.

like other brassieres, the article is

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

(*) The photographs are purely for information.

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Official Journal of the European Union

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