Commission Regulation (EEC) No 2087/92 of 22 July 1992 concerning the classification of certain goods in the Combined Nomenclature
Commission Regulation (EEC) No 2087/92of 22 July 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 2658/87 on the tariff and statistical nomenclature and on the Common Customs TariffOJ No L 256, 7. 9. 1987, p. 1., 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 the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee,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 2This 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, 22 July 1992.For the CommissionChristiane ScrivenerMember of the CommissionANNEX
Union Internationale des Chemins de fer.
Description of goodsClassification CN codeReasons
(1)(2)(3)
1.Articles in the form of animals (horses and deer) made of plastics covered with a layer of flock applied by glueing.39264000Classification is determined by general rules 1, 3 (b) and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 3926 and 39264000.
2.Beams of oak-wood, cracked for the most part, having a length of 255 to 260 cm, a width of 26 to 28 cm and a thickness of 15 to 17 cm, merely sawn on all sides, not impregnated and without holes. The form and dimensions of these beams are covered by notice No 863 of the International Union of Railways (UIC).44061000Classification is determined by general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 4406 and 44061000.
3.Publication containing information about castles in Belgium, Luxembourg and the Netherlands and their suitability for sightseeing, receptions, conferences and the availability of hotels, restaurants, apartments, golf courses and tourist attractions. The publication includes simple maps showing the location of the castles.49111000Classification is determined by general rules 1 and 6 for the interpretation of the combined nomenclature, note 5 to chapter 49 and the wording of CN codes 4911 and 49111000.
4.Sets consisting of a toy clock of plastics with removable cardboard dial (which can be used as a writing board after removal of the dial), a toy eraser and a felt-tip pen.95039031Classification is determined by general rules 1, 3 (b) and 6 for the interpretation of the combined nomenclature, note 1 (1) to chapter 96 and the wording of CN codes 9503, 950390 and 95039031.
5.Plastic "cookie cutters" primarily intended as children's toys for cutting out plasticine into the shape of Disney characters.95039031Classification is determined by general rules 1 and 6 for the interpretation of the combined nomenclature, note 2 (u) to chapter 39 and the wording of CN codes 9503, 950390 and 95039031.
6.Inflatable beach balls of welded plastic sheets, with valve.95039031Classification is determined by general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 9503, 950390 and 95039031. The balls cannot be classified in heading 9506 because of their consistency and limited resistence to impact.
7.Play tent for use by children either indoors or outdoors, consisting of a one-piece cover of woven nylon textile fabric, a tubular plastic frame and small metal pegs for anchorage when used outdoors.95039037Classification is determined by general rules 1, 3 (b) and 6 for the interpretation of the combined nomenclature, note 1 (t) to section XI and the wording of CN codes 9503, 950390 and 95039037. By reason of its size (approximately 110 cm high and 125 cm long when erected) and construction (in particular the absence of guy ropes), it is not considered to be a tent or camping goods and is therefore not excluded from chapter 95 by virtue of note 1 (u) to that chapter.