Commission Regulation (EEC) No 2257/87 of 27 July 1987 on the classification of goods in subheading 27.07 B of the Common Customs Tariff

COMMISSION  REGULATION (EEC) No 2257/87
of 27 July 1987
on the classification of goods in subheading 27.07 B 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 2 (3),
Whereas the two subdivisions of subheading 27.07 B of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (3), as last amended by Regulation (EEC) No 2184/87 (4), are worded as follows:
'I. for use as power or heating fuels
II. for other purposes (a)
(a) Entry under this subheading is subject to conditions to be determined by the competent authorities';
Whereas products classified in the first of these subheadings are subject to a customs duty whereas those in the second are exempt from duty;
Whereas to remove any possible doubt about the interpretation of these two subdivisions and thereby ensure uniform application of the Common Customs Tariff Nomenclature it is necessary, in the absence of Community provisions, to clarify in which of the two subdivisions of subheading 27.07 B are to be classified goods intended to be submitted to a process from which products capable of being used as power or heating fuels are obtained;
Whereas this clarification should be established strictly from the structure and content of chapter 27 and in particular the rules contained in Additional Notes 5 and 6 of that chapter concerning respectively the 'specific process' and 'chemical transformation';
Whereas, therefore, it is appropriate to classify in subheading 27.07 B II the aforementioned products of subheading 27.07 B when they are intended to be submitted either to a treatment of the kind listed in Additional Note 5 to Chapter 27 or a different kind of treatment resulting in products capable of being used as power or heating fuels if the latter are intended to be subjected to further industrial treatment;
Whereas the measures in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,