HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 200/4
EN
Official Journal of the European Union
3.8.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 762/2011
of 29 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 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, 29 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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EN
3.8.2011 Official
Journal
of
the
European
Union L
200/5
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A hollow, non-threaded cylindrical article of steel, 7317 00 90 Classification
is
determined
by
General
Rules
1
and
other than stainless steel, plated with zinc (so-
6 for the interpretation of the Combined Nomen
called ″express nail ″). It has a complete opening
clature and by the wording of CN codes 7317 00
along one side. One of the ends is slightly curved
and 7317 00 90.
outwards. The other end has a sharp, cutting edge.
Classification under heading 7318 is excluded as
The article is used as a fastener, by hammering it
the design of the article is not similar to that of
into a drilled hole for, for example, quick instal
any of the articles mentioned under that heading.
lations of battens onto concrete walls. The
sharpened end provides for greater ease in driving
Classification under heading 7326 is excluded as
it in. Its hollow construction, the opening along
the article cannot be regarded as a wall plug of
one side and the outwardly curved end provide
steel as, due to its construction, it is not designed
for increased holding power when it is hammered
to allow the tight fitting of screws into masonry
in entirely.
walls.
(*) See image
The article is similar to, and functions in the same
way as, a nail of heading 7317. Hammering it in
entirely is enough to ensure that the object to be
fastened, for example, a batten, remains tightly
secured.
The article is therefore to be classified under CN
code 7317 00 90 as other articles of steel, similar
to a nail.
(*) The image is only for information.

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