No L 322/20 Official Journal of the European Communities 17.12. 77 COMMISSION REGULATION (EEC) No 2811/77 of 16 December 1977 on the classification of goods falling within heading No 60.04 or 60.05 of the Common Customs Tariff THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (), as last amended by Regu- lation (EEC) No 280/77 (2), and in particular Article 3 thereof, Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 of 28 June 1968 (3), as last amended by Council Regulation (EEC) No 2500/77 of 7 November 1977 (*), refers under heading No 60.04 to under garments, knitted or crocheted, not elastic or rubberized, and under subheading 60.05 A II to outer garments and clothing accessories, knitted or crocheted, not elastic or rubber- ized, other than jerseys and pullovers, containing at least 50 % by weight of wool and weighing 600 g or more per article Whereas in view of the wide variety of knitted or crocheted garments, not elastic or rubberized, it is difficult in some cases to distinguish between under garments falling within heading No 60.04 and outer garments falling within heading No 60.05; whereas for the purpose of making such a distinction it is necessary to refer to the essential characteristics of the garments in question ; Whereas in the case of men’s and boys’ knitted or crocheted shirts, not eclastic or rubberized, which according to the Explanatory Notes to the nomencla- ture of the Customs Cooperation Council fall within heading No 60.04, it is necessary to specify certain characteristics ; Whereas it is necessary to define the knitted or crocheted garments, not elastic or rubberized, respec- tively known as T-shirts and lightweight fine knit roll, polo or turtle necked jumpers and pullovers, which fall within heading No 60.04 and which are normally worn next to the skin or bencath garments falling within heading No 60.05; ) OJ No L 14, 21. 1. 1969, p. 1. ) O] No L 40, 1. 2. 1977, p. 1. ) OJ No L 172, 22. 7. 1968, p. 1. ) OJ No L 289, 14, 11. 1977, p. 1. Whereas it is also necessary to define the knitted or crocheted garments, not elastic or rubberized, known as shirt-blouses and blouses, which are normally worn by women and girls as outer garments and which fall within subheading No 60.05 A 1I; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature, HAS ADOPTED THIS REGULATION : Article 1 1. The garments, knitted or crocheted, not elastic or rubberized, known as men’s and boys’ shirts, which have inter alia a collar whether or not detachable, long or short sleeves, are buttoned in front whether or not throughout, left over right, with or without pockets, shall be classified in the Common Customs Tariff among under garments falling within heading No 60.04. 2. The knitted or crocheted garments, not elastic or rubberized, known as T-shirts shall be classified in the Common Customs Tariff among under garments, falling within heading No 60.04. The following garments shall be considered as T-shirts : lightweight garments of the vest type, of cotton or man-made fibre, in one or more colours, with or without pockets, with long or short close-fitting sleeves, without buttons or other fastenings, without collar, without opening in the neck-line, having a close-fitting or lower neck line (round, square, boat-shaped or V- shaped). These garments may have decoration, other than lace, in the form of advertising, pictures or an inscription in words, obtained by printing, knitting or other process. The bottom of these garments, usually hemmed, shall have neither a ribbed waistband nor tightening facility. 3. The knitted or crocheted garments not elastic or rubberized, known as lightweight fine knit roll, polo or turtle necked jumpers and pullovers shall be classi- fied in the Common Customs Tariff among under garments, falling within heading No 60.04. The following garments shall be considered as lightweight