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11.12.2012 Official
Journal
of
the
European
Union L
337/11
COMMISSION IMPLEMENTING REGULATION (EU) No 1172/2012
of 3 December 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
goods in the Combined Nomenclature but which is not
in accordance with this Regulation can, for a period of
Having regard to the Treaty on the Functioning of the European
three months, continue to be invoked by the holder,
Union,
under Article 12(6) of Council Regulation (EEC) No
2913/92 of 12 October 1992 establishing the
Having regard to Council Regulation (EEC) No 2658/87 of
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
Nomenclature annexed to Regulation (EEC) No 2658/87,
HAS ADOPTED THIS REGULATION:
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
Regulation.
Article 1
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general The goods described in column (1) of the table set out in the
rules for the interpretation of the Combined Nomen
Annex shall be classified within the Combined Nomenclature
clature. Those rules apply also to any other nomenclature
under the CN code indicated in column (2) of that table.
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
specific provisions of the Union, with a view to the
Article 2
application of tariff and other measures relating to
Binding tariff information issued by the customs authorities of
trade in goods.
Member States, which is not in accordance with this Regulation,
can continue to be invoked for a period of three months under
(3) Pursuant
to
those
general
rules,
the
goods
described
in Article 12(6) of Regulation (EEC) No 2913/92.
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
virtue of the reasons set out in column (3) of that table.
Article 3
(4) It
is
appropriate
to
provide
that
binding
tariff This Regulation shall enter into force on the twentieth day
information which has been issued by the customs auth
following that of its publication in the Official Journal of the
orities of Member States in respect of the classification of
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 December 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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L 337/12
EN
Official Journal of the European Union
11.12.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
Wipes made of non-wovens with a size
3307 90 00
Classification is determined by General Rules 1,
of approximately 15 cm x 20 cm, put
3(b) and 6 for the interpretation of the
up in individual plastic bags for retail
Combined Nomenclature, Note 2 to Section
sale.
VI, Note 4 to Chapter 33 and the wording of
CN codes 3307 and 3307 90 00.
The wipes are impregnated with water
(98,32 %), propylene glycol (1 %),
As the product does not contain soap or
perfume (0,3 %), tetrasodium EDTA
detergent classification under heading 3401 is
(0,2 %), aloe vera extract (0,1 %),
excluded (see Harmonised System Explanatory
bronopol (0,05
%), citric acid
Notes to heading 3401, exclusion (c)).
(0,02 %), mixture of methylchloroiso
thiazolinone and methylisothia
As the product is used as a refreshing wipe,
zolinone (0,01 %).
rather than for the care of the skin, and
contains perfume, classification under heading
According to the information
3304 is excluded.
provided, the product is used as a
refreshing wipe.
Although the product contains a small amount
of aloe vera extract, which has a skin care
function, this does not give the product its
essential character.
The product fulfils the conditions set out in
Note 4 to Chapter 33 (see also the Harmonised
System Explanatory Notes to heading 3307,
point (V) (5)).
The product is therefore to be classified under
heading 3307 as other perfumery, cosmetic or
toilet preparations, not elsewhere specified or
included.

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Document Outline

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