5 FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , IN SUBHEADING 64.02 B ;
WHEREAS , HOWEVER , IN SOME CASES THE UPPERS OF SPORTS SHOES OF THIS KIND ARE COVERED WITH STRIPS OR PIECES OF LEATHER AND/OR PLASTIC-COATED TEXTILE FABRIC IN SUCH A WAY THAT THE STRIPS OR PIECES GIVEN THEIR IMPORTANCE , MUST BE CONSIDERED , NOT MERELY AS ACCESSORIES OR REINFORCEMENTS , BUT RATHER AS ONE OF THE CONSTITUENT MATERIALS OF THE UPPERS ; WHEREAS IT IS THEREFORE IMPOSSIBLE IN SUCH CASES TO DECIDE IN ACCORDANCE WITH OBJECTIVE CRITERIA WHICH OF THESE CONSTITUENT MATERIALS GIVES THE UPPER OF THE SHOES THEIR ESSENTIAL CHARACTER ; WHEREAS SUCH SHOES MUST CONSEQUENTLY BE CLASSIFIED IN ACCORDANCE WITH RULES 3 ( C ) AND 5 FOR THE INTERPRETATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF UNDER THE HEADING OR SUBHEADING WHICH OCCURS LATEST AMONG THOSE WHICH EQUALLY MERIT CONSIDERATION , AND MUST THEREFORE BE CLASSIFIED UNDER SUBHEADING 64.02 B ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
SPORTS SHOES ( TRAINING SHOES ) THE OUTER SOLES OF WHICH ARE OF COARSELY PATTERNED RUBBER OR PLASTIC MATERIAL WITH UPPERS CONSISTING OF TEXTILE FABRIC ON WHICH STRIPS OR PIECES OF LEATHER AND/OR PLASTIC-COATED TEXTILE FABRIC ARE SEWN EXTERNALLY IN VARIOUS COMBINATIONS COVERING THE SURFACE TO A GREATER OR LESSER EXTENT SHALL BE CLASSIFIED IN THE COMMON CUSTOMS TARIFF UNDER SUBHEADING :
64.02 FOOTWEAR WITH OUTER SOLES OF LEATHER OR COMPOSITION LEATHER ; FOOTWEAR ( OTHER THAN FOOTWEAR FALLING WITHIN HEADING NO 64.01 ) WITH OUTER SOLES OF RUBBER OR ARTIFICIAL PLASTIC MATERIAL :
B . OTHER
ARTICLE 2
THIS REGULATION SHALL ENTER INTO FORCE ON THE 42ND DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .
THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .
DONE AT BRUSSELS , 29 APRIL 1980 .
FOR THE COMMISSION
ETIENNE DAVIGNON
MEMBER OF THE COMMISSION