HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 99/12
EN
Official Journal of the European Union
5.4.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 298/2012
of 2 April 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
information issued by the customs authorities of Member
States in respect of the classification of goods in the
Having regard to the Treaty on the Functioning of the European
Combined Nomenclature and which is not in accordance
Union,
with this Regulation, may continue to be invoked for a
period of 60 days by the holder, under Article 12(6) of
Council Regulation (EEC) No 2913/92 of 12 October
Having regard to Council Regulation (EEC) No 2658/87 of
1992 establishing the Community Customs Code ( 2 ).
23 July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff
( 1 ), and in particular
Article 9(1)(a) thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Whereas:
Committee,
(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
rules for the interpretation of the Combined Nomen
under the CN code indicated in column (2) of that table.
clature. Those rules apply also to any other nomenclature
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Article 2
specific provisions of the Union, with a view to the
Subject to the measures in force in the Union relating to double
application of tariff and other measures relating to
checking systems and to prior and retrospective surveillance of
trade in goods.
textile products on importation into the European Union,
binding tariff information issued by the customs authorities of
(3) Pursuant
to
those
general
rules,
the
goods
described
in Member States which is not in accordance with this Regulation,
column (1) of the table set out in the Annex should be
may continue to be invoked for a period of 60 days, under
classified under the CN code indicated in column (2), by
Article 12(6) of Regulation (EEC) No 2913/92.
virtue of the reasons set out in column (3) of that table.
Article 3
(4)
It is appropriate to provide that, subject to the measures
in force in the Union relating to double checking systems
This Regulation shall enter into force on the twentieth day
and to prior and retrospective surveillance of textile
following that of its publication in the Official Journal of the
products on importation into the Union, binding tariff
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2012.
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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EN
5.4.2012 Official
Journal
of
the
European
Union L
99/13
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
Made-up article in the form of a sleeveless 6211 33 10 Classification is determined by General Rules 1 and
garment, intended to cover the upper part of the
6 for the interpretation of the Combined Nomen
body, reaching down to below the hips. The article
clature, Note 7(e) to Section XI, Note 8 to Chapter
is made up of three panels, assembled by sewing.
62 and the wording of CN codes 6211, 6211 33
Each panel is made of three layers, two outer layers
and 6211 33 10.
of woven textile fabric of man-made fibres (nylon)
and an inner layer, that serves as protection against
The article is designed to be worn as a protective
radiation, made from a mixture of antimony
garment against radiation during professional
powder, tungsten powder and a polymer. The
activities involving x-rays. It is to be considered
three layers are stitched together along all the
as industrial and occupational clothing, since it is
edges with an applied ribbon.
designed to be worn solely or mainly in order to
provide protection for other clothing and/or
The two front panels overlap each other entirely,
persons during industrial, professional or
left over right. The two front panels are fastened
domestic activities (see also the Explanatory
together by two broad long vertical ‘Velcro’-type
Notes to the Combined Nomenclature to Chapter
strips down the front and two shorter ‘Velcro’-
62, General, paragraph 4).
type strips at the shoulders. The front fastening is
assisted on the right side by three snap-fit closings.
Anti-radiation protective suits are included in
The article has a round neckline, a breast pocket
heading 6210 of Section XI (see also the
on the left side and padded shoulders.
Harmonised System Explanatory Note to heading
6210, second paragraph). However, since the
(protective industrial and occupational clothing)
article is not made up of fabrics of headings
5602, 5603, 5903, 5906 or 5907, classification
(See photographs Nos 659 A and B) (*)
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
8110 90 00 is excluded.
The article is therefore to be classified under CN
code 6211 33 10 as industrial and occupational
clothing.
(*) The photographs are purely for information.

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L 99/14
EN
Official Journal of the European Union
5.4.2012
659 A
659 B

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Document Outline

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