COMMISSION IMPLEMENTING REGULATION (EU) No 894/2012
of 6 August 2012
concerning the classification of certain goods in the Combined Nomenclature
Article 1
Article 2
Article 3
ANNEX
Description of the goods |
Classification (CN code) |
Reasons |
(1) |
(2) |
(3) |
Made-up article consisting of 10 rectangular strips each approximately 25 cm long and 2 cm wide, of nonwovens of synthetic filaments (polyethylene) solidified with a binder. The strips are linked to each other along the length by perforation points. The main part of one side of the strips is single coloured. The ends and the reverse of the strips are white. One end of each strip holds the closing mechanism consisting of zigzag embossing on the front side and, on the back, a layer of glue which is covered with anti-adhesive paper to be removed on closure. On the front side of each strip, just before the closing system but on the white background a sequential number measuring 5 mm is printed in black. After separation from each other along the perforation points, when closed each strip is a tear resistant bracelet. (See photograph No 663)(1) |
6307 90 98 |
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 7(b) and 8(a) to Section XI and the wording of CN codes 6307, 6307 90 and 6307 90 98. The objective characteristics of the article are that the main part of each strip is single coloured and the sequential number is printed in an insignificant spot and is barely visible once the bracelet is worn, and quite small and inconspicuous. Given those characteristics the identification of people through the colour of the bracelets is intended as primary use, whereas the printed sequential number fulfils a secondary use. Since the essential nature and the primary use of the bracelets is determined by its colour and not by the printed number, classification under Chapter 49 is excluded (See also the HS Explanatory Notes to Chapter 49, General, first paragraph). The article is made of nonwovens of heading 5603. However, since the bracelets are produced in the finished state, ready for use after merely being separated from each other by means of the perforation points, they are ‘made-up’ textile articles within the meaning of Note 7(b) to Section XI. According to Note 8(a) to Section XI Chapter 56 does not apply to made-up goods. Classification under Chapter 56 is therefore excluded. There are no specific headings in Section XI covering this kind of made-up textile articles. The article is therefore to be classified as ‘other made-up textile article’ under CN code 6307 90 98. |