Commission Regulation (EC) No 2113/1999 of 5 October 1999 concerning the classification of certain goods in the combined nomenclature
6. 10. 1999 EN Official Journal of the European Communities L 259/3 COMMISSION REGULATION (EC) No 2113/1999 of 5 October 1999 concerning the classification of certain goods in the combined nomenclature THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 (1) on the tariff and statistical nomenclature and on the Common Customs Tariff, as last amended by Commission Regulation (EC) No 1835/1999 (2), and in particular Article 9, Whereas: clature and which do not conform to the rights estab- lished by this Regulation, can continue to be invoked, under the provisions in Article 12(6) of Council Regula- tion (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3), for a period of three months by the holder; (5) the measures provided for in this Regulation are in the Customs Code accordance with the opinion of Committee, (1) (2) (3) (4) in order to ensure uniform application of the combined nomenclature annexed to the said Regulation, it is neces- sary to adopt measures concerning the classification of the goods referred to in the Annex to this Regulation; Regulation (EEC) No 2658/87 has set down the general rules for the interpretation of the combined nomen- clature and those rules also apply to any other nomen- clature which is wholly or partly based on it or which adds any additional subdivision to it and which is estab- lished by specific Community provisions, with a view to the application of tariff and other measures relating to trade in goods; pursuant to the said general rules, the goods described in column 1 of the table annexed to the present Regulation must be classified under the appropriate CN codes indic- ated in column 2, by virtue of the reasons set out in column 3; it is acceptance that binding tariff information issued by the customs authorities of Member States in respect of the classification of goods in the combined nomen- HAS ADOPTED THIS REGULATION: Article 1 The goods described in column 1 of the annexed table are now classified within the combined nomenclature under the appro- priate CN codes indicated in column 2 of the said table. Article 2 Binding tariff information issued by the customs authorities of Member States which do not conform to the rights established by this Regulation can continue to be invoked under the pro- visions of Article 12(6) of Regulation (EEC) No 2913/92 for a period of three months. Article 3 This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 5 October 1999. For the Commission Frederik BOLKESTEIN Member of the Commission (1) OJ L 256, 7. 9. 1987, p. 1. (2) OJ L 224, 25. 8. 1999, p. 5. (3) OJ L 302, 19. 10. 1992, p. 1. L 259/4 EN Official Journal of the European Communities 6. 10. 1999 Description (1) Magnesium oxide produced by calcination of magnesium carbo- nate and arc fusion, taking the form of irregular granules ranging from colourless through yellowish to greyish brown. The gran- ules consist of translucent to transparent crystalline particles of approximately 1 to 10 mm in size. Density (bulk density): approximately 3,5 g/cm3 Magnesium oxide content: at least 95 % by weight ANNEX CN code (2) 2519 90 10 Grounds (3) Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the wording of CN codes 2519, 2519 90 and 2519 90 10. Classification in this subheading is determined by the manufac- turing process, calcination and electric arc fusion at a temperat- ure of 2 800 to 3 000 °C, as indicated in the CN explanatory notes, subheading 2519 90 10, point 2