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22.1.2013 Official
Journal
of
the
European
Union
L
18/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 41/2013
of 17 January 2013
amending Regulation (EEC) No 441/91 concerning the classification of certain goods in the codes
1704 10 19, 1704 10 99 and 9502 10 10 of the Combined Nomenclature and repealing Regulation
(EEC) No 1287/83
THE EUROPEAN COMMISSION,
under CN code 9502 10 10 as regards the dolls. As a
consequence of the introduction of Note 4 to Chapter 95
Having regard to the Treaty on the Functioning of the European
of the Combined Nomenclature with effect from
Union,
1 January 2007, those items should be classified
together as combinations having the essential character
Having regard to Council Regulation (EEC) No 2658/87 of
of a toy under CN code 9503 00 21.
23 July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff
( 1 ), and in particular
(3) Regulation
(EEC)
No
441/91
should
therefore
be
Article 9(1)(a) thereof,
amended accordingly.
Whereas:
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
(1) In
order
to
ensure
uniform
application
of
the
Combined
Committee,
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
HAS ADOPTED THIS REGULATION:
Regulation.
Article 1
(2) In
accordance
with
Commission
Regulation
(EEC)
No The table set out in the Annex to Regulation (EEC) No 441/91
441/91 of 25 February 1991 concerning the classifi
is replaced by the table set out in the Annex to this Regulation.
cation of certain goods in codes 1704
10
19,
1704 10 99 and 9502 10 10 of the Combined Nomen
Article 2
clature and repealing Regulation (EEC) No 1287/83 ( 2 )
plastic dolls with transparent plastic chests filled with
This Regulation shall enter into force on the twentieth day
small sweets have been classified under CN codes
following that of its publication in the Official Journal of the
1704 10 19 and 1704 10 99 as regards the sweets and
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 January 2013.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 52, 27.2.1991, p. 9.

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L 18/2
EN
Official Journal of the European Union
22.1.2013
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A plastic doll with movable limbs, 140 mm
9503 00 21 Classification
is
determined
by
General
Rules
tall, with a transparent plastic chest filled with
1 and 6 for the interpretation of the
approximately 10
g of small sweets,
Combined Nomenclature, Note 4 to Chapter
containing sucrose, which can be removed
95 and by the wording of CN codes 9503 00
through an aperture under the belt-buckle of
and 9503 00 21.
the doll.
The items cannot be considered as ‘goods put
up in sets for retail sale’ under the terms of
General Rule 3(b), because they are not put
up together to meet a particular need or carry
out a specific activity. They are not related to
one another and are not intended to be used
together or in conjunction with one another
(the sweets are consumable products, while
the doll is to be played with).
The doll is an article of heading 9503
combined with sweets of heading 1704, and
the combination has the essential character of
a toy (see also the CN Explanatory Notes to
Note 4 to Chapter 95).
It is therefore to be classified under CN code
9503 00 21 as dolls.

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Document Outline

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