OF RIBS WHICH MUST BE PRESENT IN THE PORTION OF THE ANIMAL IN QUESTION IMPLIES THAT THAT EXPRESSION REFERS NOT TO THE RIBS BUT TO THE OTHER BONES , INCLUDING THE NECK BONES .
18 IN VIEW OF THAT DEFINITION OF THE PRODUCTS WHICH FALL WITHIN SUBHEADING 02.01 A II ( A ) 2 BB THE POSSIBILITY OF CLASSIFYING IN THAT SUBHEADING SEPARATED QUARTERS SUCH AS THOSE IN THE PRESENT INSTANCE FROM WHICH A NECK BONE , EVEN A SMALL ONE , HAS BEEN REMOVED , MUST BE EXCLUDED .
19 FROM THE GENERAL RULES FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , IN PARTICULAR RULE 3 ( C ) THEREOF , IT IS EVIDENT THAT ONLY TARIFF SUBHEADING 02.01 A II ( A ) 4 , WHICH COVERS PRODUCTS ' ' OTHER ' ' THAN CARCASES , HALF CARCASES , FOREQUARTERS AND HINDQUARTERS , IS RELEVANT FOR THE PURPOSES OF THE TARIFF CLASSIFICATION OF THE SAID PRODUCTS . IN VIEW OF THE FACT THAT SUBPARAGRAPHS AA AND BB OF THAT SUBHEADING COVER ' ' UNBONED ( BONE-IN ) ' ' CUTS OR ' ' BONED OR BONELESS ' ' CUTS RESPECTIVELY , AND THAT THESE PRODUCTS HAVE BEEN ONLY PARTLY BONED , BY THE REMOVAL OF ONE SMALL BONE IN THE NECK , THE MOST APPROPRIATE TARIFF CLASSIFICATION UNDER THE COMMON CUSTOMS TARIFF MUST THEREFORE BE IN THE PRESENT CASE THAT OF ' ' UNBONED ( BONE-IN ) ' ' CUTS WITHIN THE MEANING OF SUBHEADING 02.01 A II ( A ) 4 AA .
20 THE NATIONAL COURT THEN ASKS WHETHER , THAT BEING THE TARIFF CLASSIFICATION APPLICABLE TO THE GOODS IN QUESTION , THE MONETARY COMPENSATORY AMOUNTS APPLICABLE TO SUCH GOODS WERE TO BE AT THE RATE APPROPRIATE TO THAT CLASSIFICATION .
21 AS THE COURT HAS CONFIRMED IN PAST DECISIONS ( JUDGMENT OF 4 JULY 1978 IN CASE 5/78 , MILCHFUTTER , 1978 ECR 1597 ); JUDGMENT OF 28 MARCH 1979 IN CASE 158/78 , BIEGI , 1979 ECR 1103 ), IN THE ABSENCE OF EXPRESS PROVISIONS IT WOULD BE INAPPROPRIATE FOR THE HEADINGS OF THE COMMON CUSTOMS TARIFF TO BE APPLIED DIFFERENTLY FOR ONE AND THE SAME PRODUCT DEPENDING ON WHETHER THE CLASSIFICATION IS FOR THE IMPOSITION OF CUSTOMS DUTIES , THE APPLICATION OF THE RULES OF THE COMMON ORGANIZATIONS OF THE MARKET OR THOSE OF THE SYSTEM OF COMPENSATORY AMOUNTS .
22 IN THOSE CIRCUMSTANCES THE REPLY TO THE FIRST QUESTION MUST BE THAT THE PROVISIONS OF THE COMMON CUSTOMS TARIFF WHICH WERE IN FORCE DURING THE PERIOD FROM 20 MARCH 1978 TO 28 APRIL 1979 MUST BE INTERPRETED AS MEANING THAT FRESH OR CHILLED SEPARATED FOREQUARTERS OF BEEF OR VEAL FROM WHICH THE ATLAS BONE HAS BEEN REMOVED ARE TO BE CLASSIFIED IN SUBHEADING 02.01 A II ( A ) 4 AA AND TO BE SUBJECT TO THE MONETARY COMPENSATORY AMOUNT APPROPRIATE TO SUCH CLASSIFICATION .
QUESTION 2
23 IN ITS SECOND QUESTION THE NATIONAL COURT WISHES IN ESSENCE