Commission Implementing Regulation (EU) No 298/2012 of 2 April 2012 concerning the classification of certain goods in the Combined Nomenclature

Commission Implementing Regulation (EU) No 298/2012of 2 April 2012concerning the classification of certain goods in the Combined Nomenclature

Article 1The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.

Article 2Subject to the measures in force in the Union relating to double checking systems and to prior and retrospective surveillance of textile products on importation into the European Union, binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation, may continue to be invoked for a period of 60 days, under Article 12(6) of Regulation (EEC) No 2913/92.

Article 3This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX

The photographs are purely for information.

Description of the goods	Classification(CN code)	Reasons
(1)	(2)	(3)
Made-up article in the form of a sleeveless garment, intended to cover the upper part of the body, reaching down to below the hips. The article is made up of three panels, assembled by sewing. Each panel is made of three layers, two outer layers of woven textile fabric of man-made fibres (nylon) and an inner layer, that serves as protection against radiation, made from a mixture of antimony powder, tungsten powder and a polymer. The three layers are stitched together along all the edges with an applied ribbon.The two front panels overlap each other entirely, left over right. The two front panels are fastened together by two broad long vertical "Velcro"-type strips down the front and two shorter "Velcro"-type strips at the shoulders. The front fastening is assisted on the right side by three snap-fit closings. The article has a round neckline, a breast pocket on the left side and padded shoulders.(protective industrial and occupational clothing)(See photographs Nos 659 A and B)	62113310	Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 7(f) to Section XI, Note 8 to Chapter 62 and the wording of CN codes 6211, 621133 and 62113310.The article is designed to be worn as a protective garment against radiation during professional activities involving x-rays. It is to be considered as industrial and occupational clothing, since it is designed to be worn solely or mainly in order to provide protection for other clothing and/or persons during industrial, professional or domestic activities (see also the Explanatory Notes to the Combined Nomenclature to Chapter 62, General, paragraph 4).Anti-radiation protective suits are included in heading 6210 of Section XI (see also the Harmonised System Explanatory Note to heading 6210, second paragraph). However, since the article is not made up of fabrics of headings 5602, 5603, 5903, 5906 or 5907, classification under that heading is excluded.Given the general appearance of the article as a garment, its shape and the textile material the two outer layers are made of, classification according to the article’s inner layer is excluded. Therefore, classification under CN code 81109000 is excluded.The article is therefore to be classified under CN code 62113310 as industrial and occupational clothing.

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