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14.12.2011 Official
Journal
of
the
European
Union L
330/17
COMMISSION IMPLEMENTING REGULATION (EU) No 1303/2011
of 9 December 2011
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
(4) It
is
appropriate
to
provide
that
binding
tariff
information which has been issued by the customs
Having regard to the Treaty on the Functioning of the European
authorities of Member States in respect of the classifi
Union,
cation of goods in the Combined Nomenclature but
which is not in accordance with this Regulation can,
for a period of three months, continue to be invoked
Having regard to Council Regulation (EEC) No 2658/87 of
by the holder, under Article 12(6) of Council Regulation
23 July 1987 on the tariff and statistical nomenclature and
(EEC) No 2913/92 of 12 October 1992 establishing the
on the Common Customs Tariff
( 1 ), and in particular
Community Customs Code (
Article 9(1)(a) thereof,

2 ).
(5) The
Customs
Code
Committee
has
not
issued
an
opinion
Whereas:
within the time limit set by its Chairman,
(1) In
order
to
ensure
uniform
application
of
the
Combined HAS ADOPTED THIS REGULATION:
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classifi
Article 1
cation of the goods referred to in the Annex to this
Regulation.
The goods described in column (1) of the table set out in the
Annex shall be classified within the Combined Nomenclature
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general under the CN code indicated in column (2) of that table.
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
Article 2
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Binding tariff information issued by the customs authorities of
specific provisions of the Union, with a view to the
Member States, which is not in accordance with this Regulation,
application of tariff and other measures relating to
can continue to be invoked for a period of three months under
trade in goods.
Article 12(6) of Regulation (EEC) No 2913/92.

Article 3
(3) Pursuant
to
those
general
rules,
the
goods
described
in
column (1) of the table set out in the Annex should be
This Regulation shall enter into force on the twentieth day
classified under the CN code indicated in column (2), by
following that of its publication in the Official Journal of the
virtue of the reasons set out in column (3) of that table.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 9 December 2011.
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 302, 19.10.1992, p. 1.

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L 330/18
EN
Official Journal of the European Union
14.12.2011
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
Gel put up for the relief of pain containing
3824 90 97 Classification
is
determined
by
General
Rules
the following ingredients:
1 and 6 for the interpretation of the
Combined Nomenclature, Additional Note 1
— isopropyl alcohol
to Chapter 30 and the wording of CN codes
3824, 3824 90 and 3824 90 97.
— water
The product neither serves a therapeutic use,
— herbal extract (Ilex paraguariensis)
as it does not treat or cure an illness or
disease, nor a prophylactic use, as it does
— acrylic acid polymers (carbomer)
not defend or protect against an illness or
disease. In addition, the product does not
— triethanolamine
fulfil the requirements of Additional Note 1
to Chapter 30. Classification as a medicament
under heading 3004 is therefore excluded.
— menthol
The product is not to be considered a beauty
— camphor
or make-up preparation as it is not used for
skin care. Although the product has the effect
— silicon dioxide
of cooling the skin where it is applied, it does
not actually treat the skin in any way. Clas
— methylparaben
sification under heading 3304 is therefore
excluded.
— glycerine
The product is therefore to be classified under
— propylene glycol
CN code 3824 90 97 as other chemical
products or preparations of the chemical or
— tartrazine (E102)
allied industries not elsewhere specified or
included.
— brilliant blue FCF (E133)
The quantities of the ingredients are not
indicated on the packaging of the product.
The packaging advises that the product is
used for the temporary relief of minor aches
and pains of muscles and joints associated
with arthritis pain, backache, strains and
sprains.

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