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2.8.2011 Official
Journal
of
the
European
Union L
199/37
COMMISSION IMPLEMENTING REGULATION (EU) No 757/2011
of 27 July 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 3 months, continue to be invoked by
Having regard to Council Regulation (EEC) No 2658/87 of
the holder, pursuant to Article 12(6) of Council Regu
23 July 1987 on the tariff and statistical nomenclature and
lation (EEC) No 2913/92 of 12 October 1992 estab
on the Common Customs Tariff
( 1 ), and in particular
lishing the Community Customs Code ( 2 ).
Article 9(1)(a) thereof,
(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
cation of the goods referred to in the Annex to this
Article 1
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
which is wholly or partly based on it or which adds any
Article 2
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 3 months pursuant
trade in goods.
to Article 12(6) of Regulation (EEC) No 2913/92.
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Article 3
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
This Regulation shall enter into force on the 20th day following
virtue of the reasons set out in column (3) of that table.
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.
Done at Brussels, 27 July 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 199/38
EN
Official Journal of the European Union
2.8.2011
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
Footwear not covering the ankle and not 6404 11 00 Classification is determined by General Rules 1 and 6 for
identifiable as men’s or women’s footwear,
the interpretation of the Combined Nomenclature, Note
with insoles of a length of more than 24 cm.
4(a)(b) to Chapter 64 of the Combined Nomenclature,
Additional Note 1 to Chapter 64 and the wording of
CN codes 6404 and 6404 11 00.
The outer sole is made of rubber and the
mid-sole of low-density polymers.
When identifying the constituent material of the upper
within the meaning of Note 4(a) to Chapter 64, no
The upper consist of pieces of textile, leather
account is to be taken of the grey piece of plastic
and plastics.
covering the front of the shoe [a (*)], because it is
protecting the toes by reinforcing the grey textile
material underneath.
Grey textile material covers the whole surface
of the upper with the exception of a piece of
white textile (felt) [2 (*)] at the heel of the
Likewise, no account is to be taken of the four vertical
footwear (See photo No 655 B).
straps of textile [1 (*)] on both sides of the footwear,
because they are reinforcing the sides of the footwear,
and of the textile loop at the heel of the footwear,
This white textile material is covered by
because it is an accessory serving to aid when putting
several pieces of grey leather. It is covered
the shoes on.
mainly by one piece on the heel [C (*)], and
partly by two pieces along both sides of the
shoe [D (*)], and two pieces curved around
Also likewise, no account is to be taken of the pieces of
the instep [B (*)] (see photo No 655 C).
grey leather attached to the grey textile material on both
sides of the footwear [A (*)], since they are also rein
forcing the sides of the footwear.
At the furthest end of the heel this white
textile material is covered by a piece of
black impermeable textile material and a
The white textile material [2 (*)] cannot be considered to
piece of dark grey plastic [b (*)] sewn on
be a constituent material of the upper either, because it is
top (see photo No 655 C). The black textile
not even partly exposed on the outside surface of the
is visible through small openings in the
footwear (see the CN EN to Chapter 64, General, (1)(a),
plastic piece.
first sentence of second paragraph).
Abovementioned grey textile materials are
Whereas, the pieces of grey leather [B, C, D (*)] that are
sewn to each other and attached to the
mainly or partly covering the white textile material [2 (*)]
sole. On one side of the shoe two pieces of
(see photos Nos 655 B and 655 C) qualify as constituent
grey textile are assembled with a zigzag
materials of the upper, since their surface is partly or
stitching supplemented by a saddle stitch
totally exposed on the outside surface and they are
on both sides of the zigzag stitching (see
neither accessories nor reinforcements.
photo No 655 D). The same saddle stitches
are fixing a textile strip underneath the two
textile pieces to reinforce the assemblage.
The black impermeable textile material underneath the
dark grey plastic material at the heel of the footwear
[b (*)] does not qualify as constituent material of the
In the front of the shoe a piece of grey plastic
upper, because it is only an insert that hinders water
[a (*)] is covering the grey textile material
penetrating through the openings of the piece of plastic.
underneath.
Therefore, the piece of dark grey plastic at the heel of the
footwear also qualifies as constituent material of the upper
within the meaning of Note 4(a) to Chapter 64.
On both sides of the shoe pieces of grey
leather [A (*)] are attached to the textile
material and, on top of the leather/grey
The grey textile materials qualify as constituent material of
textile material, four vertical straps of textile
the upper within the meaning of Note 4(a) to Chapter 64,
[1 (*)] have been added, as well (see photos
because they are attached to each other and to the other
Nos 655 A and 655 D). In addition one
aboveidentified constituent materials of the upper [B, C,
textile strap is attached as a loop to the
D, b (*)] by means of a durable method of assembling (see
textile material at the heel of the footwear.
the CN EN to Chapter 64, General, (1) (a), last phrase of
second paragraph, together with (1) (c), last phrase of
second paragraph).
(training shoe)
Moreover, the aboveidentified constituent materials of the
(see photos Nos 655 A, 655 B, 655 C and
upper [B, C, D, b (*) and the grey textile materials] (see
655 D) (**)
photo No 655 C), have the characteristics of an upper,

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EN
2.8.2011 Official
Journal
of
the
European
Union L
199/39
(1) (2) (3)
that is to say, provide sufficient support for the foot to
enable the wearer to walk in the footwear (see the second
phrase of the first paragraph of Additional Note 1 to
Chapter 64).
After removal of the abovementioned reinforcements and
accessories (see photo No 655 C) the grey textile materials
have a greater external surface area than the other
materials [B, C, D, b (*)] identified above as constituent
materials of the upper and, therefore, the footwear is
considered to have an upper of textile materials within
the meaning of Note 4(a) to Chapter 64.
The part of the sole in contact with the ground is of
rubber within the meaning of Note 4(b) to Chapter 64.
Thus, the footwear has an outer sole of rubber.
(*) The number/letter refers to the numbers/letters in the photos.
(**) The photos are purely for information.

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