Commission Regulation (EEC) No 717/85 of 19 March 1985 on the classification of goods falling within subheading 17.04 D I of the Common Customs Tariff

COMMISSION  REGULATION (EEC) No 717/85
of 19 March 1985
on the classification of goods falling within subheading 17.04 D I 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 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by Regulation (EEC) No 2055/84 (2), and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the Common Customs Tariff Nomenclature, measures must be taken concerning the classification of cough and throat-irritation pastilles having the following composition (percentage by weight):
- sucrose, glucose and caramel: 99,5,
- camphor: 0,007,
- menthol: 0,207,
- eucalyptol: 0,069,
- Balsam Tolu: 0,003,
- thymol: 0,069,
- benzyl alcohol: 0,138;
Whereas heading No 17.04 of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (3), as last amended by Regulation (EEC) No 483/85 (4), refers to sugar confectionery, not containing cocoa; whereas heading No 30.03 refers to medicaments (including veterinary medicaments);
Whereas the product in question contained flavouring agents which may also have medicinal properties but owing to the low proportions in which these agents are present the provisions of Note 1 to Chapter 30 are not complied with; whereas heading No 30.03 therefore is not applicable;
Whereas this product has the characteristics of sugar confectionery, not containing cocoa and must therefore be classified in this heading, whereas, within this subheading 17.04 D I should be chosen;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,