Commission Regulation (EEC) No 3149/81 of 30 October 1981 on the classification of goods within subheading 38.19 T of the Common Customs Tariff
Commission Regulation (EEC) No 3149/81of 30 October 1981on the classification of goods within subheading 38.19 T of the Common Customs TariffTHE 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 TariffOJ No L 14, 21. 1. 1969, p. 1., as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of a product consisting of D-glucitol (sorbitol) containing one part per thousand added 1,2-Benzisothiazol-3-one 1,1-dioxide (saccharin);Whereas subheading 38.19 T of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68OJ No L 172, 22. 7. 1968, p. 1., as last amended by Regulation (EEC) No 3002/81OJ No L 301, 22. 10. 1981, p. 1., refers to D-glucitol (sorbitol) other than that falling within subheading 29.04 C III;Whereas the provisions of Note 1 (a) to Chapter 29 prescribe that the headings of that Chapter are to be taken to apply only to separate chemically defined organic compounds; whereas the addition of one part per thousand l,2-Benzisothiazol-3-one 1,1-dioxide (saccharin) makes it impossible for the product in question any longer to be considered as a separate compound;Whereas in the absence of a more specific heading this product must be classified in heading No 38.19 as a chemical product not elsewhere specified or included; whereas, within heading No 38.19, subheading 38.19 T should be chosen for the product in question;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,HAS ADOPTED THIS REGULATION: