COMMISSION IMPLEMENTING REGULATION (EU) 2020/693

of 15 May 2020

concerning the classification of certain goods in the Combined Nomenclature

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (1), and in particular Article 57(4) and Article 58(2) thereof,

Whereas:

(1) In order to ensure uniform application of the Combined Nomenclature annexed to Council Regulation (EEC) No 2658/87 (2), it is necessary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation.

(2) Regulation (EEC) No 2658/87 has laid down the general rules for the interpretation of the Combined Nomenclature. 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 specific provisions of the Union, with a view to the application of tariff and other measures relating to trade in goods.

(3) Pursuant to those general rules, the goods described in 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.

(4) It is appropriate to provide that binding tariff information issued in respect of the goods concerned by this Regulation which does not conform to this Regulation may, for a certain period, continue to be invoked by the holder in accordance with Article 34(9) of Regulation (EU) No 952/2013. That period should be set at three months.

(5) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

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.

Article 2

Binding tariff information which does not conform to this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 for a period of three months from the date of entry into force of this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of 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 May 2020.

For the Commission,

On behalf of the President,

Philip KERMODE

Acting Director-General

Directorate-General for Taxation and CustomsUnion

(1)

OJ L 269, 10.10.2013, p. 1

(2) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (

OJ L 256, 7.9.1987, p. 1

ANNEX

Description of the goods

Classification

(CN-code)

Reasons

(1)

(2)

(3)

A ribbon, made of alloy steel (other than stainless steel), with a width of approximately 30 mm and a thickness of approximately 0,02 mm, presented in rolls. The article has a uniform solid cross-section along its whole length in the shape of a rectangle. It is not treated on its surface.

The article is made by a continous casting technique called melt spinning. It is designed to be used in the electrical industry, for example, for production of transformer cores, sensor cores, cores for saturable reactors, magnetic amplifiers, beads, and pulse compressors.

7228 60 80

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1 (m) to Chapter 72 and by the wording of CN codes 7228, 7228 60 and 7228 60 80 .

Given its objective characteristics and properties, the article meets the definition of ‘Other bars and rods’ in Note 1 (m) to Chapter 72, as it has a uniform solid cross-section along its whole length in the shape of a rectangle. Therefore, the article is considered to be a bar as defined therein.

The article is made by melt spinning, which is a different metal forming technique than rolling. Furthermore, the production process is a continuous casting technique as opposed to a pressure casting technique and consequently does not fall within the scope of Note 3 to Chapter 72. Therefore, classification under heading 7226 as flat-rolled products of other alloy steel, of a width of less than 600 mm or under heading 7227 as bars and rods, hot rolled is excluded.

Consequently, the article is to be classified under CN code 7228 60 80 as other bars and rods of other alloy steel.