Commission Regulation (EEC) No 2811/77 of 16 December 1977 on the classification of goods falling within heading No 60.04 or 60.05 of the Common Customs Tariff

( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .
( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .
( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .
( 4 ) OJ NO L 289 , 14 . 11 . 1977 , P . 1 .
COMMISSION REGULATION ( EEC ) NO 2811/77
OF 16 DECEMBER 1977
ON THE CLASSIFICATION OF GOODS FALLING WITHIN HEADING NO 60.04 OR 60.05 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 280/77 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,
WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 ( 3 ), AS LAST AMENDED BY COUNCIL REGULATION ( EEC ) NO 2500/77 OF 7 NOVEMBER 1977 ( 4 ), REFERS UNDER HEADING NO 60.04 TO UNDER GARMENTS , KNITTED OR CROCHETED , NOT ELASTIC OR RUBBERIZED , AND UNDER SUBHEADING 60.05 A II TO OUTER GARMENTS AND CLOTHING ACCESSORIES , KNITTED OR CROCHETED , NOT ELASTIC OR RUBBERIZED , OTHER THAN JERSEYS AND PULLOVERS , CONTAINING AT LEAST 50 % BY WEIGHT OF WOOL AND WEIGHING 600 G OR MORE PER ARTICLE ;
WHEREAS IN VIEW OF THE WIDE VARIETY OF KNITTED OR CROCHETED GARMENTS , NOT ELASTIC OR RUBBERIZED , IT IS DIFFICULT IN SOME CASES TO DISTINGUISH BETWEEN UNDER GARMENTS FALLING WITHIN HEADING NO 60.04 AND OUTER GARMENTS FALLING WITHIN HEADING NO 60.05 ; WHEREAS FOR THE PURPOSE OF MAKING SUCH A DISTINCTION IT IS NECESSARY TO REFER TO THE ESSENTIAL CHARACTERISTICS OF THE GARMENTS IN QUESTION ;
WHEREAS IN THE CASE OF MEN ' S AND BOYS '  KNITTED OR CROCHETED SHIRTS , NOT ELASTIC OR RUBBERIZED , WHICH ACCORDING TO THE EXPLANATORY NOTES TO THE NOMENCLATURE OF THE CUSTOMS COOPERATION COUNCIL FALL WITHIN HEADING NO 60.04 , IT IS NECESSARY TO SPECIFY CERTAIN CHARACTERISTICS ;
WHEREAS IT IS NECESSARY TO DEFINE THE KNITTED OR CROCHETED GARMENTS , NOT ELASTIC OR RUBBERIZED , RESPECTIVELY KNOWN AS T-SHIRTS AND LIGHTWEIGHT FINE KNIT ROLL , POLO OR TURTLE NECKED JUMPERS AND PULLOVERS , WHICH FALL WITHIN HEADING NO 60.04 AND WHICH ARE NORMALLY WORN NEXT TO THE SKIN OR BENEATH GARMENTS FALLING WITHIN HEADING NO 60.05 ;
WHEREAS IT IS ALSO NECESSARY TO DEFINE THE KNITTED OR CROCHETED GARMENTS , NOT ELASTIC OR RUBBERIZED , KNOWN AS SHIRT-BLOUSES AND BLOUSES , WHICH ARE NORMALLY WORN BY WOMEN AND GIRLS AS OUTER GARMENTS AND WHICH FALL WITHIN SUBHEADING NO 60.05 A II ;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,