RESPECT OF THE SAID PERIODS A NUMBER OF EXPORT DECLARATIONS REFERRING TO SUBHEADING 04.04 A I OF THE COMMON CUSTOMS TARIFF WHICH DID NOT ATTRACT MONETARY COMPENSATORY AMOUNTS FOR THE RELEVANT PERIODS . SINCE THEY AT FIRST TOOK THE VIEW THAT THE CHEESE DID IN FACT FALL WITHIN THAT SUBHEADING THE CUSTOMS AUTHORITIES IN ACCORDANCE WITH THE CUSTOMS OPINIONS PUBLISHED IN THE OFFICIAL JOURNAL OF THE FRENCH REPUBLIC DID NOT CLAIM MONETARY COMPENSATORY AMOUNTS ON EXPORT . ON 8 APRIL 1977 THE CUSTOMS AUTHORITIES MADE AN ORDER , WHICH WAS IMMEDIATELY ENFORCEABLE , AGAINST GONDRAND FOR WHAT WAS THEN ALLEGED TO BE DUE AS MONETARY COMPENSATORY AMOUNTS ON THE EXPORTS , SINCE THE AUTHORITIES THEN TOOK THE VIEW THAT EXPORTS OF FRENCH EMMENTALER CHEESE TO OTHER COUNTRIES OF THE COMMUNITY FELL WITHIN SUBHEADING 04.04 A II UNDER WHICH MONETARY COMPENSATORY AMOUNTS WERE PAYABLE FOR THE RELEVANT PERIODS .
4 THE CHAMBRE COMMCERIALE OF THE COUR DE CASSATION TOOK THE VIEW THAT THE PROCEEDINGS DEPENDED UPON THE CLASSIFICATION OF THE GOODS IN QUESTION AND REFERRED THE FOLLOWING QUESTION TO THE COURT FOR A PRELIMINARY RULING ON : ' ' THE APPLICATION OF COMMUNITY REGULATIONS NOS 804/68 , 823/68 , 1053/68 AND 1054/68 TO THE CLASSIFICATION OF FRENCH EMMENTALER CHEESE EXPORTED TO ITALY AND BELGIUM DURING THE PERIODS FROM 12 AUGUST TO 24 OCTOBER 1974 , 20 JANUARY 1975 TO 28 APRIL 1975 AND 27 MARCH 1976 TO 24 SEPTEMBER 1976 UNDER EITHER TARIFF HEADING 04.04 A I OR TARIFF HEADING 04.04 A II ' ' .
5 AS APPEARS FROM THE GROUNDS OF THE JUDGMENT OF THE NATIONAL COURT THE PURPOSE OF THAT QUESTION IS TO ASCERTAIN HOW , UNDER THE SAID REGULATIONS , THE PRODUCT IN QUESTION MUST BE CLASSIFIED UNDER THE COMMON CUSTOMS TARIFF FOR THE PURPOSES OF MONETARY COMPENSATORY AMOUNTS .
6 THE MONETARY COMPENSATORY AMOUNTS WHICH ARE TO BE CHARGED OR GRANTED EITHER ON IMPORTATION FROM MEMBER STATES AND NON-MEMBER COUNTRIES OR ON EXPORTATION TO MEMBER STATES AND NON-MEMBER COUNTRIES ARE FIXED FOR EACH MEMBER STATE CONCERNED BY COMMISSION REGULATIONS ADOPTED IN IMPLEMENTATION OF REGULATION NO 974/71 OF THE COUNCIL OF 12 MAY 1971 ON CERTAIN MEASURES OF CONJUNCTURAL POLICY TO BE TAKEN IN AGRICULTURE FOLLOWING THE TEMPORARY WIDENING OF THE MARGINS OF FLUCTUATION FOR THE CURRENCIES OF CERTAIN MEMBER STATES ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1971 ( I ), P . 257 ).
7 AS REGARDS THE PRODUCTS IN QUESTION THOSE REGULATIONS REFER TO THE HEADINGS IN THE COMMON CUSTOMS TARIFF , IN THIS CASE SUBHEADING 04.04 A II , WHEREAS SUBHEADING 04.04 A I IS NOT MENTIONED . THE SUBHEADINGS ARE WORDED FOR THE RELEVANT PERIODS AS FOLLOWS :
' ' 04.04 CHEESE AND CURD
A . EMMENTALER , GRUYERE , SBRINZ , BERGKASE AND APPENZELL , NOT GRATED OR POWDERED :
I . OF A MINIMUM FAT CONTENT OF 45 % BY WEIGHT , REFERRED TO DRY MATTER , MATURED FOR AT LEAST THREE MONTHS . . .
II.OTHERS . . .