HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 12/2
EN
Official Journal of the European Union
19.1.2010
COMMISSION REGULATION (EU) No 42/2010
of 15 January 2010
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 ( 2 ).
Article 9(1)(a) thereof,
(5) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Customs Code
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
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
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 three months under
trade in goods.
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, 15 January 2010.
For the Commission,
On behalf of the President,
László KOVCS
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
19.1.2010 Official
Journal
of
the
European
Union
L
12/3
ANNEX
Description of goods
Classification
(CN code)
Reasons
(1) (2) (3)
Product consisting of (% by weight):
2106 90 98 Classification
is
determined
by
General
Rules 1 and 6 for the interpretation of
— barley grass, powdered
28,8
the Combined Nomenclature and the
wording of CN codes 2106, 2106 90
— honey
27,5
and 2106 90 98.
— wheatgrass, powdered
21,5
The product does not meet the
requirements of Note 2(b)(2) to Chapter
— alfalfa, powdered
21,5
19 because of its composition, presen
tation and use as a food supplement.
— stearic acid
0,4
The product does not meet the
— pepper
0,25
requirements of Additional Note 1 to
Chapter 30 as no statements on the use
for specific diseases or the concentration
— chromium picolinate
0,01
of active substances are given. It should
therefore not be considered as herbal
(corresponds to 8,7 μg Cr per tablet)
medicinal preparation within the meaning
of heading 3004.
The product is presented for retail sale, in tablet form and
used as a food supplement (one tablet twice a day).
The product is therefore considered to be
covered by the terms of heading 2106 as a
food preparation not elsewhere specified
or included and is used as dietary
supplement indicated to maintain general
health or well-being. (See also HSEN to
heading 2106, second paragraph, number
16).

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