HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 303/10
EN
Official Journal of the European Union
22.11.2011
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1195/2011
of 16 November 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
authorities of Member States in respect of the classifi
cation of goods in the Combined Nomenclature but
which is not in accordance with this Regulation can,
Having regard to the Treaty on the Functioning of the European
for a period of three months, continue to be invoked
Union,
by the holder, under Article 12(6) of Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code ( 2 ).
Having regard to Council Regulation (EEC) No 2658/87 of
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
Committee,
Whereas:
HAS ADOPTED THIS REGULATION:
(1) In
order
to
ensure
uniform
application
of
the
Combined
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
under the CN code indicated in column (2) of that table.
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general
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
Binding tariff information issued by the customs authorities of
additional subdivision to it and which is established by
Member States, which is not in accordance with this Regulation,
specific provisions of the Union, with a view to the
can continue to be invoked for a period of three months under
application of tariff and other measures relating to
Article 12(6) of Regulation (EEC) No 2913/92.
trade in goods.
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.
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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EN
22.11.2011 Official
Journal
of
the
European
Union L
303/11
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 16 November 2011.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
A product consisting of a plastic collar shaped to 9021 10 10 Classification is determined by General Rules 1
fit the neck with a shock-absorbing foam layer and
and 6 for the interpretation of the Combined
hook-and-loop fasteners (so-called "cervical
Nomenclature, Note 6 to Chapter 90 and by the
collar").
wording of CN codes 9021, 9021
10 and
9021 10 10.
It is used to support the cervical portion of a
person's spinal cord (neck) and head, for
The collar is considered to be an appliance for
example, when rescuing and transporting patients
supporting or holding parts of the body
with suspected or known spinal injuries, or for
following an illness, operation or injury within
supporting the neck of a person who has
the meaning of Note 6 to Chapter 90.
suffered an injury such as whiplash.
The product cannot be considered to be a splint or
other fracture appliance as it is not used to
immobilise part of the body following a fracture.
Classification under CN code 9021 10 90 is
therefore excluded.
The product is therefore to be classified under CN
code 9021 10 10 as an orthopaedic appliance.

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