CUSTOMS AUTHORITIES PROCEEDED ON THE BASIS OF AN EXAMINATION OF THE OBJECTIVE CHARACTERISTICS OF THE PRODUCTS , PRIMARILY THE FINENESS OF THE GRAIN AND THE HOMOGENEITY OF THE STRUCTURE , WHILST THE PLAINTIFFS IN THE MAIN ACTION RELIED ON INFORMATION FROM THE PRODUCER COUNTRIES ACCORDING TO WHICH THE OBJECTS WERE PRODUCED FROM NATURAL RAW MATERIALS WHICH DID NOT UNDERGO ANY SPECIAL PREPARATION AND WHOSE FINENESS AND HOMOGENEITY WERE DUE TO THE CHARACTERISTICS OF THE CLAYS EMPLOYED .
7 IN THE INTERESTS OF LEGAL CERTAINTY AND OF THE ADMINISTRATIVE PROCEDURES , IT IS THE CHARACTERISTICS AND OBJECTIVE PROPERTIES OF PRODUCTS WHICH AFFORD THE DECISIVE CRITERION FOR THEIR CLASSIFICATION IN THE CCT UNLESS THERE ARE SPECIAL FACTS AND CIRCUMSTANCES IMPLYING OTHER CRITERIA .
8 THE PROBLEM WHICH PRESENTS ITSELF IS THUS TO ASCERTAIN THE CHARACTERISTICS AND OBJECTIVE PROPERTIES OF THE RELEVANT PRODUCTS WHICH , FOR THE PURPOSES OF THEIR CLASSIFICATION IN THE CCT , DISTINGUISH THEM FROM EACH OTHER .
9 THE GERMAN CUSTOMS AUTHORITY , AND ALSO THE COMMISSION , REFER TO AN OPINION ISSUED IN JUNE 1972 BY THE COMMITTEE ON NOMENCLATURE , ESTABLISHED BY REGULATION NO 97/69 OF THE COUNCIL OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR THE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( JO L 14 , 1969 , P . 1 ) IN REPLY TO A QUESTION ON THE CLASSIFICATION OF CERAMIC WALL TILES COMING UNDER TARIFF HEADING 69.08 . THIS OPINION CLASSIFIES THE PRODUCTS IN QUESTION UNDER SUBHEADING B II AS ' OTHER ' PRODUCTS AND NOT UNDER SUBHEADING B I ( PRODUCTS OF ' COMMON POTTERY ' ) STATING THAT ALTHOUGH THE BODY DISPLAYS A MIXTURE OF VARIOUS GRAINS AND COLOURS IT HAS A HIGH DEGREE OF HOMOGENEITY AND REGULARITY TO OBTAIN WHICH THE CLAY EMPLOYED MUST HAVE BEEN SUBJECTED TO A MORE INTENSIVE PREPARATION , AND IN PARTICULAR TO A REFINING PROCESS , THAN THAT REQUIRED IN ORDER TO OBTAIN PRODUCTS OF COMMON POTTERY . NEVERTHELESS THE PLAINTIFFS IN THE MAIN ACTION CLAIMED THAT THE REGULARITY AND HOMOGENEITY OF THE PRODUCT CANNOT SERVE AS A CRITERION AND IN THIS RESPECT THEY RELY ON THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE WHICH DEFINE THE TERM ' COMMON POTTERY ' WITHOUT RECOURSE TO THE CRITERION OF THE HOMOGENEITY AND REGULARITY OF THE PRODUCT .
10 WITH REGARD TO SUBCHAPTER II OF CHAPTER 69 OF THE CCT THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE CONTAIN THE FOLLOWING ' GENERAL ' CONSIDERATIONS :
' FOR THE PURPOSE OF THE NOMENCLATURE , THESE ARTICLES ARE CLASSIFIED ACCORDING TO KIND . . ., EXCEPT IN THE CASE OF :
( 1 ) . . .
( 2 ) TABLEWARE AND OTHER DOMESTIC AND TOILET ARTICLES , CLASSIFIED IN HEADING 69.11 WHEN OF PORCELAIN OR CHINA , AND IN HEADING 69.12 IF OF OTHER KINDS OF POTTERY .
( I ) - PORCELAIN OR CHINA
FOR THE PURPOSES OF HEADING 69.11 , PORCELAIN OR CHINA INCLUDES . . .
( II ) -