Gelex

Commission Regulation (EEC) No 314/90 of 5 February 1990 concerning the classification of certain goods in the combined nomenclature

In forceVersion 1990-02-05from 1990-02-28
Grade B

mapped from publisher markup. A grade says how a document's structure was obtained, not how reliable the law is.

Ask Gelex about this law

Address https://gelex.eu/eli/EU/regulation/1990/314@1990-02-05/en

Contents
  1. Preamble
    1. Article 1
    2. Article 2
  2. ANNEX
  3. ANNEX 1.2.3.4.5.————————6.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Regulation (EEC) No 3945/89, and in particular Articled, thereof,

Whereas, in order to ensure uniform application of the combined nomenclature annexed to Regulation (EEC) No 2658/87, it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation;

Whereas Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomenclature and these rules also apply to any other nomenclature which is wholly or partly based on it or which adds any additional subdivisions to it and which is established by specific Community provisions, with a view to the application of tariff or other measures relating to trade in goods;

Whereas, pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified within the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;

Whereas the Nomenclature Committee has not delivered an opinion within the time limit set by its chairman, as regards product No 4 in the annexed table;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee as regards product Nos 1, 2, 3, 5 and 6 in the annexed table,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are now classified within the combined nomenclature within the appropriate CN codes indicated in column 2 of the said table.

Article 2

This Regulation shall enter into force on the 21st day after its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 February 1990. For the Commission Christiane Scrivener Member of the Commission

ANNEX

(1) 48 % by weight of powdered cheese, (2) 20 % by weight of powdered whey, (3) 8 % by weight of various seasonings and kitchen herbs, (4) 6 % by weight of powdered buttermilk, (5) 6 % by weight of modified starch, (6) 4 % by weight of powdered cream, (7) 4 % by weight of wheat flour, (8) 4 % by weight of various flavourings, including cooking salt, Anx. 123. Description of goods CN code classification Reasons (1) (2) (3) Frozen blocks of fillet of chicken breast put up in a broth made from water, poultrymeat carcases, vegetables and broth powder. The blocks weigh about 15 kg and contain approximately equal parts of fillet and broth 16023930 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 1602, 160239 and 16023930. The fact that the fillets are put up in a broth excludes them from Chapter 2 (see Explanatory Notes to the HS, Chapter 2, Distinction between meat and meat offal of this Chapter and those of Chapter 16, first paragraph). The product is not a preparation for making a soup or broth or a soup or broth within the meaning of CN code 21041000 (see HS Explanatory Notes, heading 2104 A, first paragraph) A tomato based food preparation containing low quantities of visible tomato pieces, glucose syrup, vegetable oil, herbs and spices. The product is in the form of a sauce and is packaged for retail sale 21032000 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2103 and 21032000. Because the product is presented as a sauce containing a low quantity of visible tomato pieces it cannot be regarded as prepared vegetables of Chapter 20 of the combined nomenclature (see HS Explanatory Notes, heading 2103 A, second paragraph) Preparation in the form of a powder for the manufacture of a sauce for a noodle dish, by simply adding milk or water. Composition: 21039090 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2103, 210390 and 21039090. In particular because of the presence of flour and starch which act as binders, the product is a preparation for a sauce and not a seasoned grated or powdered cheese Liquid mixture of hydrocarbons consisting of approximately 87 % linear paraffins by weight, with chain lengths of 8 to 16 carbon atoms, and approximately 13 % of alkylbenzenes by weight, with lateral chains of 10 to 12 carbon atoms 27100059 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2710 and 27100059. Classification as kerosene is excluded because of the concentration of alkylbenzenes Product for use as a component in lubricants, made of synthetic isoparaffinic poly(alpha)olefins, having the following analytic characteristics: Appearance: colourless, clear, low-viscosity, oily liquid Refraction index at 20 o C: 1,4563 Ashing: none Heteroatoms: Sulphur, halogen, nitrogen and phosphorous negative Bromine value: 0,3 Vacuum distillation (1,5 mbar): Boiling point above 121 oC (= 300 oC at-1013 mbar) IR spectrum: Essentially displays bands of saturated, aliphatic hydrocarbons Density at 20 o C: 0,8225 kg/l 39029000 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature, Notes 3 (a) and 6 (a) to Chapter 39 and the texts of CN codes 3902 and 39029000 Cellular sheets consisting of approximately 60 % ethylene-vinyl acetate copolymer (saturated product) and 40 % fillers and pigments. The sheets are rectangular in shape and vary in thickness from 4 mm to 16 mm 39211990 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and Note 4 (a) to Chapter 40 and the texts of CN codes 3921, 392119 and 39211990. The ethylene-vinyl acetate copolymer is a saturated substance which cannot be vulcanized with sulphur and accordingly it does not meet the terms of Note 4 (a) to Chapter 40

ANNEX 1.2.3.4.5.————————6.

Description of goods CN code classification Reasons (1) (2) (3) Frozen blocks of fillet of chicken breast put up in a broth made from water, poultrymeat carcases, vegetables and broth powder. The blocks weigh about 15 kg and contain approximately equal parts of fillet and broth 16023930 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 1602, 160239 and 16023930. The fact that the fillets are put up in a broth excludes them from Chapter 2 (see Explanatory Notes to the HS, Chapter 2, Distinction between meat and meat offal of this Chapter and those of Chapter 16, first paragraph). The product is not a preparation for making a soup or broth or a soup or broth within the meaning of CN code 21041000 (see HS Explanatory Notes, heading 2104 A, first paragraph) A tomato based food preparation containing low quantities of visible tomato pieces, glucose syrup, vegetable oil, herbs and spices. The product is in the form of a sauce and is packaged for retail sale 21032000 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2103 and 21032000. Because the product is presented as a sauce containing a low quantity of visible tomato pieces it cannot be regarded as prepared vegetables of Chapter 20 of the combined nomenclature (see HS Explanatory Notes, heading 2103 A, second paragraph) Preparation in the form of a powder for the manufacture of a sauce for a noodle dish, by simply adding milk or water. Composition: 21039090 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2103, 210390 and 21039090. In particular because of the presence of flour and starch which act as binders, the product is a preparation for a sauce and not a seasoned grated or powdered cheese Liquid mixture of hydrocarbons consisting of approximately 87 % linear paraffins by weight, with chain lengths of 8 to 16 carbon atoms, and approximately 13 % of alkylbenzenes by weight, with lateral chains of 10 to 12 carbon atoms 27100059 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and the texts of CN codes 2710 and 27100059. Classification as kerosene is excluded because of the concentration of alkylbenzenes Product for use as a component in lubricants, made of synthetic isoparaffinic poly(alpha)olefins, having the following analytic characteristics: Appearance: colourless, clear, low-viscosity, oily liquid Refraction index at 20 o C: 1,4563 Ashing: none Heteroatoms: Sulphur, halogen, nitrogen and phosphorous negative Bromine value: 0,3 Vacuum distillation (1,5 mbar): Boiling point above 121 oC (= 300 oC at-1013 mbar) IR spectrum: Essentially displays bands of saturated, aliphatic hydrocarbons Density at 20 o C: 0,8225 kg/l 39029000 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature, Notes 3 (a) and 6 (a) to Chapter 39 and the texts of CN codes 3902 and 39029000 Cellular sheets consisting of approximately 60 % ethylene-vinyl acetate copolymer (saturated product) and 40 % fillers and pigments. The sheets are rectangular in shape and vary in thickness from 4 mm to 16 mm 39211990 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature and Note 4 (a) to Chapter 40 and the texts of CN codes 3921, 392119 and 39211990. The ethylene-vinyl acetate copolymer is a saturated substance which cannot be vulcanized with sulphur and accordingly it does not meet the terms of Note 4 (a) to Chapter 40 (1) 48 % by weight of powdered cheese, (2) 20 % by weight of powdered whey, (3) 8 % by weight of various seasonings and kitchen herbs, (4) 6 % by weight of powdered buttermilk, (5) 6 % by weight of modified starch, (6) 4 % by weight of powdered cream, (7) 4 % by weight of wheat flour, (8) 4 % by weight of various flavourings, including cooking salt,

48 % by weight of powdered cheese,

20 % by weight of powdered whey,

8 % by weight of various seasonings and kitchen herbs,

6 % by weight of powdered buttermilk,

6 % by weight of modified starch,

4 % by weight of powdered cream,

4 % by weight of wheat flour,

4 % by weight of various flavourings, including cooking salt,

Versions

  1. 1990-02-05

Cited by

  • Commission Regulation (EC) No 705/2005 of 4 May 2005 amending or repealing certain regulations on the classification of goods in the Combined Nomenclature Regulation · Grade B
    No Commission Regulation Replace By CN Code (1) (2) (3) (4) 1 (EEC) No 731/93 (OJ L 75, 30.3.1993, p. 7) 01060090 01069000 2 (EEC) No 1669/77 (OJ L 186, 26.7.1977, p. 23), as amended by Regulation (EEC) No 2723/90 02074110 02071410 02074210 02072710 02074311 02073611 02074315 02073615 3 Point 1 of the table annexed to Regulation (EEC) No 3491/88 (OJ L 306, 11.11.1988, p. 18), as amended by Regulation (EC) No 936/1999 03049020 or 03049021 or 03049027 03049022 4 (EEC) No 288/84 (OJ L 33, 4.2.1984, p. 1) 07.01 H 07099090 5 Point 2 of the table annexed to Regulation (EC) No 1196/97 (OJ L 170, 28.6