(...) OR BY RIVETTING OR WELDING, FOR EXAMPLE, PROVIDED THAT ONLY SIMPLE ASSEMBLY OPERATIONS ARE INVOLVED '.
IT IS FOR THE NATIONAL COURT TO DECIDE WHETHER THE WELDING OF LENSES TO THE REFLECTORS IN QUESTION IN FACT FULFILS THESE REQUIREMENTS .
8 THE TWO SENTENCES OF THE RULE FOR INTERPRETATION NO 2 ( A ) IN SECTION I WERE INSERTED INTO THE CCT WITH EFFECT FROM 1 JANUARY 1972, CONSEQUENT UPON A RECOMMENDATION ADOPTED ON 9 JUNE 1970 BY THE CUSTOMS COOPERATION COUNCIL AND ACCEPTED BY THE MEMBER STATES OF THE COMMUNITY PURSUANT TO THE COUNCIL DECISION OF 21 JUNE 1971 ( OJ L 137 OF 23 JUNE 1971, P . 10 ).
THERE ARE GROUNDS FOR CONSIDERING THAT THESE RULES FOR INTERPRETATION WERE DEVISED WITH THE AIM OF COORDINATING, FOR THE TARIFF AS A WHOLE, INTERPRETATION PRACTICES LAID DOWN BY SPECIAL PROVISIONS, SO THAT THEY DO NOT FORM A LEGAL INNOVATION BUT APPLY TO IMPORTS EFFECTED EVEN BEFORE 1 JANUARY 1972 .
THE THIRD QUESTION
9 THE THIRD QUESTION ASKS WHETHER CONIFORM ARTICLES OF GLASS OPEN AT BOTH ENDS FALL UNDER HEADING NO 70.11 OR, ON THE OTHER HAND, UNDER HEADINGS NOS 85.20 OR 70.21 .
10 AS ALREADY STATED, IT IS FOR THE NATIONAL COURT TO DETERMINE WHETHER THE ITEMS IN QUESTION IN FACT MEET THE CONDITIONS WHEREBY THEY CAN BE CLASSIFIED UNDER ONE OR OTHER TARIFF HEADING, AND THE COURT IS COMPETENT BY APPLICATION OF ARTICLE 177 OF THE EEC TREATY TO FIND ONLY AS REGARDS THE INTERPRETATION OF THE PROVISIONS OF THE TARIFF .
11 HEADING NO 70.21 INCLUDES 'OTHER ARTICLES OF GLASS' AND HEADING NO 85.20 'ELECTRIC FILAMENT LAMPS AND ELECTRIC DISCHARGE LAMPS', INCLUDING 'PARTS' ( PRESENT SUBHEADING C ).
NOTE 1 ( B ) TO CHAPTER 85 OF THE TARIFF PROVIDES FOR 'ARTICLES OF GLASS OF HEADING NO 70.11' TO BE EXCLUDED FROM THIS CHAPTER .
IT APPEARS FROM THIS THAT A PRODUCT THAT DOES NOT FALL UNDER HEADING NO 70.11 MAY FALL WITHIN CHAPTER 85 .
12 THE GENERAL RULE FOR INTERPRETATION UNDER 3 ( A ) TO SECTION I PROVIDES THAT HEADINGS WHICH PROVIDE THE MOST SPECIFIC DESCRIPTION SHALL BE PREFERRED TO HEADINGS PROVIDING A MORE GENERAL DESCRIPTION .
THE HEADING NO 85.20-C (' ELECTRIC FILAMENT LAMPS AND ELECTRIC DISCHARGE LAMPS ...: PARTS ') IS MORE SPECIFIC THAN RESIDUAL HEADING NO 70.21 (' OTHER ARTICLES OF GLASS ').
THE COMMISSION HAS STATED, HOWEVER, THAT IT HAS ISSUED AN EXPLANATORY NOTE RELATING TO SUBHEADING NO 85.20-C WHICH EXCLUDES FROM THE LATTER 'GLASS COMPONENTS INTENDED TO FORM AN ENVELOPE FOR BULBS AND TUBES OF ELECTRIC LAMPS ( NO 70.21 )'.
THE COMMISSION'S EXPLANATORY NOTES, WHILE CONSTITUTING AN IMPORTANT FACTOR IN INTERPRETING THE COMMON CUSTOMS TARIFF, CANNOT MODIFY ITS TEXT, NOR THE INTRODUCTORY NOTES TO THE CHAPTERS, WHICH ARE AN INTEGRAL PART OF THE TARIFF .
13 IT MUST THEREFORE BE CONCLUDED THAT TARIFF HEADING NO 85.20-C MUST BE INTERPRETED TO MEAN THAT IT INCLUDES ARTICLES OF GLASS INTENDED TO FORM AN ENVELOPE FOR ELECTRIC