Regulation (EEC) No 2607/70 of the Commission of 22 December 1970 on the classification of goods under subheading No 23.02 A I (a) of the Common Customs Tariff

REGULATION (EEC) No 2607/70 OF THE COMMISSION  of 22 December 1970  on the classification of goods under sub-heading No 23.02 A I (a) of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community;
Having regard to Council Regulation (EEC) No 97/69 (1) of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff, and in particular Article 3 thereof;
Whereas provision must be made to ensure uniform application of the nomenclature of the Common Customs Tariff with a view to classification of products obtained by grinding or milling and then, where appropriate, by agglomeration (in pellets) or whole maize (cobs, grain, stalks and leaves), containing about 30 % starch by weight (in the dry matter), 6 % protein and 19 % raw cellulose;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2) of 28 June 1968, as last amended by Council Regulation (EEC) No 2376/70 (3) of 23 November 1970, includes under sub-heading No 23.02 A I (a) bran, sharps and other residues derived from the sifting, milling or working of, inter alia, maize with a starch content not exceeding 35 % by weight;
Whereas heading No 11.01 comprises cereal flours referred to in Chapter 10 of the Common Customs Tariff ; whereas that Chapter also includes certain cereals in the sheaf in accordance with the Explanatory Notes to the Brussels Nomenclature, Chapter 10, General Section ; whereas therefore heading No 11.01 covers also flour obtained from whole maize (cobs, grain, stalks and leaves);
Whereas, in accordance with the additional note to Chapter 11, in order to distinguish between products within Nos 11.01 and 11.02, on the one hand, and those within sub-heading No 23.02 A, on the other, the only products considered as falling within Nos 11.01 and 11.02 are those having at the same time a starch content exceeding 45 % (by weight) in the dry matter and for maize an ash content not exceeding 2 % (by weight) in the dry matter;
Whereas since the products in question have a starch content of only about 30 % (by weight) in the dry matter they are to be classified under sub-heading No 23.02 A I (a);
Whereas heading No 23.02 covers also agglomerated products in the form of cylinders, spheres, etc. (pellets);
Whereas the provisions of this Regulation are in accordance with the Opinion of the Committee on the Common Customs Tariff Nomenclature;