Commission Regulation (EEC) No 1533/92 of 12 June 1992 concerning the classification of certain goods in the Combined Nomenclature
Commission Regulation (EEC) No 1533/92of 12 June 1992concerning the classification of certain goods in the combined nomenclature THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 2658/87OJ No L 256, 7. 9. 1987, p. 1. on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EEC) No 1039/92OJ No L 110, 28. 4. 1992, p. 42., and in particular Article 9,Whereas in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, 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 under the appropriate CN codes indicated in column 2, by virtue of the reasons set out in column 3;Whereas it is appropriate that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the combined nomenclature and which do not conform to the rights established by this Regulation, can continue to be invoked under the provisions in Article 6 of Commission Regulation (EEC) No 3896/90OJ No L 365, 28. 12. 1990, p. 17., for a period of three months by the holder if a binding contract has been concluded such as is envisaged in Article 14 (3) (a) or (b) of Commission Regulation (EEC) No 1715/90OJ No L 160, 26. 6. 1990, p. 1.;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, 4 and 5 in the annexed table;Whereas the Nomenclature Committee has not delivered an opinion within the time limit set by its chairman, as regards product No 6 in the annexed table,HAS ADOPTED THIS REGULATION:
Article 1The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appropriate CN codes indicated in column 2 of the said table.
Article 2Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the provisions of Article 6 of Regulation (EEC) No 3796/90 for a period of three months by the holder if a binding contract has been concluded as envisaged in Article 14 (3) (a) or (b) of Regulation (EEC) No 1715/90.
Article 3This Regulation shall enter into force on the 21st day following 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, 12 June 1992.For the CommissionChristiane ScrivenerMember of the CommissionANNEX
Description of goodsClassification CN codeReasons
1.Pale yellow powder, with the taste of dried milk, having the following analytical characteristics (percentage by weight):
Milkfat11,4
Lowfat milk solids85,9
Water2,7
Proteins (N x 6,38)30,6
Lactose42,9
Phosphorlipides (P x 26)(as percentage of fat content)17
The product is traded with the name of "sweet buttermilk powder enriched with milk fat".		04039013The classification is determined by the provisions of general rules 1 and 6 on the interpretation of the combined nomenclature and by the wording of CN codes 0403, 040390 and 04039013.Classification under headings 0402 and 0404 is excluded because, on the basis of its analytical characteristics (in particular its phospholipides content) the product has the characteristics of buttermilk powder.
2.Cooked preparation of pig meat consisting of a pinkish/brown meat mass containing pieces of meat up to 6 cm in size, pieces of fat and gelatine.The meat and fat content measured in accordance with Regulation (EEC) No 226/89 exceeds 80 % by weight.It is not possible, on the basis of the size and the characteristics of the muscle tissue, to identify whether the pieces of meat come from hams, shoulders, loins or collars of domestic swine.The preparation is put up in cans of a net weight of less than 500 gms.16024919The classification is determined by the provisions of general rules 1 and 6 on the interpretation of the combined nomenclature, additional note 2 to Chapter 16 and by the wording of CN codes 1602, 160249 and 16024919.
3.Food preparation in the form of a water in milk fat emulsion consisting of:
—milk fats38,5 %
—water52,4 %
—sodium caseinate5,0 %
—gelatine2,0 %
—salt1,5%
—emulsifiers0,6 %
The product which resembles butter in consistency, colour, appearance and taste is used as a low-fat spread.		21069099The classification is determined by the provisions of general rules 1 and 6 on the interpretation of the combined nomenclature and by the wording of CN codes 2106, 210690 and 21069099.Having regard to the reduction in content of milk fats and the presence of substances which are not natural constituents of milk, the preparation cannot be considered as a product of CN code 04050010.
4.Preparation consisting mainly of a mixture of approximately 60 % hexacalcium trisodium pentakis (ortho-phosphate), by weight, and approximately 40 % tricalcium bis (orthophospate), by weight, used in animal feed23099099Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 2309, 230990 and 23099099 (see also the Explanatory Notes to the HS, heading 23.09, part II.C).The product does not answer to the descriptions given in Note 3 (A) to Chapter 31.
5.Primidon (INN)29337900Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature, by Note 3 to Chapter 29 and by the wording of CN codes 2933 and 29337900.This product is to be classified as a lactam.
6.Solid extract of the residual material insoluble in aliphatic solvents obtained during the extraction of rosin from wood, having the following characteristics:a resin acid content by weight not exceeding 30 %,an acid number not exceeding 110, anda melting point of not less than 100 o C.38239098Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 3823, 382390 and 38239098.