Commission Regulation (EC) No 1359/95 of 13 June 1995 amending Annexes I and II to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, and repealing Regulation (EEC) No 802/80
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
| 26.6.1995 | EN | Official Journal of the European Communities | L 142/1 |
COMMISSION REGULATION (EC) No 1359/95
of 13 June 1995
amending Annexes I and II to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, and repealing Regulation (EEC) No 802/80
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 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), and in particular Articles 9 and 12 thereof,
Whereas Regulation (EEC) No 2658/87 established a goods nomenclature, hereinafter called the ‘combined nomenclature’, to meet, at one and the same time, the requirements both of the Common Customs Tariff and of the external trade statistics of the Community;
Whereas Regulation (EC) No 3115/94 of 20 December 1994 amending Annexes I and II to Regulation (EEC) No 2658/87 which entered into force on 1 January 1995 took into account:
- — changes in requirements relating to statistics and commercial policy, in particular by virtue of Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994)(2) and Council Regulation (EC) No 3231/94 of 22 December 1994 concerning certain measures resulting from the conclusion of negotiations under Article XXIV:6 and other measures necessary for simplification purposes(3),
- — the need to align or clarify texts;
Whereas it is necessary to implement, with effect from 1 July 1995, certain tariff measures, in particular for agricultural products as defined within the framework of the Uruguay Round multilateral negotiations;
Whereas it is appropriate for the Commission to adopt by means of a regulation to apply from 1 July 1995, a complete version of the combined nomenclature together with the corresponding autonomous and conventional rates of duty of the Common Customs Tariff, as it results from Decision 94/800/EC and Regulation (EC) No 3231/94 as well as other measures adopted by the Council or by the Commission(4);
Whereas Regulation (EEC) No 802/80(5), as amended by Regulation (EEC) No 2723/90(6), classified certain products as butter under subheading 0405 00 10 of te combined nomenclature; whereas this classification is no longer in line with the new structure of heading No 0405 of the combined nomenclature annexed to this Regulation; whereas Regulation (EEC) No 802/80 should therefore be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,
HAS ADOPTED THIS REGULATION:
Article 1
Annexes I and II to Regulation (EEC) No 2658/87 are hereby replaced by the Annexes to this Regulation.
Article 2
Regulation (EEC) No 802/80 is hereby repealed.
Article 3
This Regulation shall enter into force on 1 July 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 June 1995.
For the Commission
M. MONTI
Member of the Commission
(1) OJ No L 256, 7.9. 1987, p. 1.
(2) OJ No L 336, 23. 12. 1994, p. 1.
(3) OJ No L 338, 28. 12. 1994, p. 1.
(4) Incorporated in Annex I to this Regulation are amendments resulting from the adoption of the following measures:
- — Commission Regulation (EC) No 3330/94 of 21 December 1994 (OJ No L 350, 31. 12. 1994, p. 52),
- — Commission Regulation (EC) No 656/95 of 28 March 1995 (OJ No L 69, 29. 3. 1995, p. 1).
(5) OJ No L 87, 1. 4. 1980, p. 54.
(6) OJ No L 261, 25. 9. 1990, p. 24.
ANNEX I
COMBINED NOMENCLATURE
SUMMARY
PART ONE — PRELIMINARY PROVISIONS
Section I — General rules
| A. | General rules for the interpretation of the combined nomenclature | 11 |
| --- | --- | --- |
| B. | General rules concerning duties | 12 |
| --- | --- | --- |
| C. | General rules applicable both to nomenclature and to duties | 13 |
Section II — Special provisions
| A. | Goods for certain categories of ships, boats and other vessels and for drilling or production platforms | 13 |
| --- | --- | --- |
| B. | Civil aircraft and goods for use in civil aircraft | 15 |
| --- | --- | --- |
| C. | Pharmaceutical products | 15 |
| --- | --- | --- |
| D. | Standard rate of duty | 16 |
| --- | --- | --- |
| E. | Containers and packing materials | 17 |
| --- | --- | |
| Signs, abbreviations and symbols | 18 | |
| --- | --- | |
| Supplementary units | 19 |
PART TWO — SCHEDULE OF CUSTOMS DUTIES
Section I
Live animals; animal products
Chapter
| 1 | Live animals | 23 |
| --- | --- | --- |
| 2 | Meat and edible meat offal | 27 |
| --- | --- | --- |
| 3 | Fish and crustaceans, molluscs and other aquatic invertebrates | 47 |
| --- | --- | --- |
| 4 | Dairy produce; birds' eggs; natural honey; edible products of animal origin, not elsewhere specified or included | 63 |
| --- | --- | --- |
| 5 | Products of animal origin, not elsewhere specified or included | 81 |
Section II
Vegetable products
| 6 | Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage | 84 |
| --- | --- | --- |
| 7 | Edible vegetables and certain roots and tubers | 87 |
| --- | --- | --- |
| 8 | Edible fruit and nuts; peel of citrus fruits or melons | 95 |
| --- | --- | --- |
| 9 | Coffee, tea, mate and spices | 106 |
| --- | --- | --- |
| 10 | Cereals | 110 |
| --- | --- | --- |
| 11 | Products of the milling industry; malt; starches; inulin; wheat gluten | 116 |
| --- | --- | --- |
| 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder | 122 |
| --- | --- | --- |
| 13 | Lac; gums, resins and other vegetable saps and extracts | 127 |
| --- | --- | --- |
| 14 | Vegetable plaiting materials; vegetable products not elsewhere specified or included | 129 |
Section III
Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes
| 15 | Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes | 131 |
Section IV
Prepared foodstuffs; beverages, spirits and vinegar; tobacco and manufactured tobacco substitutes
| 16 | Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates | 144 |
| --- | --- | --- |
| 17 | Sugars and sugar confectionery | 150 |
| --- | --- | --- |
| 18 | Cocoa and cocoa preparations | 155 |
| --- | --- | --- |
| 19 | Preparations of cereals, flour, starch or milk; pastry-cooks' products | 158 |
| --- | --- | --- |
| 20 | Preparations of vegetables, fruit, nuts or other parts of plants | 164 |
| --- | --- | --- |
| 21 | Miscellaneous edible preparations | 185 |
| --- | --- | --- |
| 22 | Beverages, spirits and vinegar | 190 |
| --- | --- | --- |
| 23 | Residues and waste from the food industries; prepared animal fodder | 202 |
| --- | --- | --- |
| 24 | Tobacco and manufactured tobacco substitutes | 208 |
Section V
Mineral products
| 25 | Salt; sulphur; earths and stone; plastering materials, lime and cement | 212 |
| --- | --- | --- |
| 26 | Ores, slag and ash | 219 |
| --- | --- | --- |
| 27 | Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes | 222 |
Section VI
Products of the chemical or allied industries
| 28 | Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes | 233 |
| --- | --- | --- |
| 29 | Organic chemicals | 248 |
| --- | --- | --- |
| 30 | Pharmaceutical products | 273 |
| --- | --- | --- |
| 31 | Fertilizers | 278 |
| --- | --- | --- |
| 32 | Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks | 282 |
| --- | --- | --- |
| 33 | Essential oils and resinoids; perfumery, cosmetic or toilet preparations | 287 |
| --- | --- | --- |
| 34 | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster | 290 |
| --- | --- | --- |
| 35 | Albuminoidal substances; modified starches; glues; enzymes | 294 |
| --- | --- | --- |
| 36 | Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations | 297 |
| --- | --- | --- |
| 37 | Photographic or cinematographic goods | 299 |
| --- | --- | --- |
| 38 | Miscellaneous chemical products | 303 |
Section VII
Plastics and articles thereof; rubber and articles thereof
| 39 | Plastics and articles thereof | 311 |
| --- | --- | --- |
| 40 | Rubber and articles thereof | 326 |
Section VIII
Raw hides and skins, leather, furskins and articles thereof; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)
| 41 | Raw hides and skins (other than furskins) and leather | 334 |
| --- | --- | --- |
| 42 | Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut) | 338 |
| --- | --- | --- |
| 43 | Furskins and artificial fur; manufactures thereof | 342 |
Section IX
Wood and articles of wood; wood charcoal; cork and articles of cork; manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork
| 44 | Wood and articles of wood; wood charcoal | 345 |
| --- | --- | --- |
| 45 | Cork and articles of cork | 356 |
| --- | --- | --- |
| 46 | Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork | 358 |
Section X
Pulp of wood or of other fibrous cellulosic material; waste and scrap of paper or paperboard; paper and paperboard and articles thereof
| 47 | Pulp of wood or of other fibrous cellulosic material; waste and scrap of paper or paperboard | 360 |
| --- | --- | --- |
| 48 | Paper and paperboard; articles of paper pulp, of paper or of paperboard | 362 |
| --- | --- | --- |
| 49 | Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans | 378 |
Section XI
Textiles and textile articles
| 50 | Silk | 381 |
| --- | --- | --- |
| 51 | Wool, fine or coarse animal hair; horsehair yarn and woven fabric | 389 |
| --- | --- | --- |
| 52 | Cotton | 394 |
| --- | --- | --- |
| 53 | Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn | 403 |
| --- | --- | --- |
| 54 | Man-made filaments | 407 |
| --- | --- | --- |
| 55 | Man-made staple fibres | 413 |
| --- | --- | --- |
| 56 | Wadding, felt and nonwovens; special yarns; twine, cordage, ropes and cables and articles thereof | 421 |
| --- | --- | --- |
| 57 | Carpets and other textile floor coverings | 425 |
| --- | --- | --- |
| 58 | Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery | 428 |
| --- | --- | --- |
| 59 | Impregnated, coated, covered or laminated textile fabrics; textile articles of a kind suitable for industrial use | 432 |
| --- | --- | --- |
| 60 | Knitted or crocheted fabrics | 437 |
| --- | --- | --- |
| 61 | Articles of apparel and clothing accessories, knitted or crocheted | 440 |
| --- | --- | --- |
| 62 | Articles of apparel and clothing accessories, not knitted or crocheted | 450 |
| --- | --- | --- |
| 63 | Other made-up textile articles; sets; worn clothing and worn textile articles; rags | 461 |
Section XII
Footwear, headgear, umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops and parts thereof; prepared feathers and articles made therewith; artificial flowers; articles of human hair
| 64 | Footwear, gaiters and the like; parts of such articles | 466 |
| --- | --- | --- |
| 65 | Headgear and parts thereof | 472 |
| --- | --- | --- |
| 66 | Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding crops and parts thereof | 474 |
| --- | --- | --- |
| 67 | Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair | 475 |
Section XIII
Articles of stone, plaster, cement, asbestos, mica or similar materials; ceramic products; glass and glassware
| 68 | Articles of stone, plaster, cement, asbestos, mica or similar materials | 477 |
| --- | --- | --- |
| 69 | Ceramic products | 483 |
| --- | --- | --- |
| 70 | Glass and glassware | 488 |
Section XIV
Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal and articles thereof; imitation jewellery; coins
| 71 | Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coins | 497 |
Section XV
Base metals and articles of base metal
| 72 | Iron and steel | 505 |
| --- | --- | --- |
| 73 | Articles of iron or steel | 536 |
| --- | --- | --- |
| 74 | Copper and articles thereof | 552 |
| --- | --- | --- |
| 75 | Nickel and articles thereof | 559 |
| --- | --- | --- |
| 76 | Aluminium and articles thereof | 562 |
| --- | --- | --- |
| 77 | (Reserved for possible future use in the harmonized system) | |
| --- | --- | --- |
| 78 | Lead and articles thereof | 568 |
| --- | --- | --- |
| 79 | Zinc and articles thereof | 571 |
| --- | --- | --- |
| 80 | Tin and articles thereof | 574 |
| --- | --- | --- |
| 81 | Other base metals; cermets; articles thereof | 577 |
| --- | --- | --- |
| 82 | Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal | 581 |
| --- | --- | --- |
| 83 | Miscellaneous articles of base metal | 588 |
Section XVI
Machinery and mechanical appliances; electrical equipment; parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles
| 84 | Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof | 593 |
| --- | --- | --- |
| 85 | Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles | 647 |
Section XVII
Vehicles, aircraft, vessels and associated transport equipment
| 86 | Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electromechanical) traffic signalling equipment of all kinds | 685 |
| --- | --- | --- |
| 87 | Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof | 689 |
| --- | --- | --- |
| 88 | Aircraft, spacecraft, and parts thereof | 701 |
| --- | --- | --- |
| 89 | Ships, boats and floating structures | 703 |
Section XVIII
Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; clocks and watches; musical instruments; parts and accessories thereof
| 90 | Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof | 706 |
| --- | --- | --- |
| 91 | Clocks and watches and parts thereof | 725 |
| --- | --- | --- |
| 92 | Musical instruments; parts and accessories of such articles | 731 |
Section XIX
Arms and ammunition; parts and accessories thereof
| 93 | Arms and ammunition; parts and accessories thereof | 734 |
Section XX
Miscellaneous manufactured articles
| 94 | Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings | 737 |
| --- | --- | --- |
| 95 | Toys, games, and sports requisites; parts and accessories thereof | 743 |
| --- | --- | --- |
| 96 | Miscellaneous manufactured articles | 748 |
Section XXI
Works of art, collectors' pieces and antiques
| 97 | Works of art, collectors' pieces and antiques | 754 |
| --- | --- | --- |
| 98 | Complete industrial plant exported in accordance with Commission Regulation (EEC) No 518/79 | 756 |
| --- | --- | --- |
| 99 | (Reserved for special uses determined by the competent Community authorities) |
PART THREE — TARIFF ANNEXES
Section I — Agricultural annexes
| Annex 1 | Agricultural components (EA), additionnal duties for sugar (AD S/Z) and additional duties for flour (AD F/M) | 763 |
| --- | --- | --- |
| Annex 2 | Products to which an entry price applie | 777 |
| --- | --- | --- |
| Annex 2A | Duty rates for CN code 0403 | 811 |
Section II — Lists of pharmaceutical substances which qualify for duty-free treatment
| Annex 3 | List of International Non-proprietary Names (INNs), provided for pharmaceutical substances by the World Health Organisation, which are free of duty | 815 |
| --- | --- | --- |
| Annex 4 | List of prefixes and suffixes which, in combination with the INNs of Annex 3, describe the salts, esters or hydrates of INNs; these salts, esters and hydrates are free of duty, on condition that they are classifiable in the same 6-digit HS-heading as the corresponding INN | 907 |
| --- | --- | --- |
| Annex 5 | Salts, esters and hydrates of INNs, which are not classified in the same HS-heading as the corresponding INNs and which are free of duty | 911 |
| --- | --- | --- |
| Annex 6 | List of pharmaceutical intermediates, i.e. compounds used for the manufacture of finished pharmaceutical products, which are free of duty | 913 |
Section III — Quotas
| Annex 7 | WTO tariff quotas to be opened by the competent Community authorities | 923 |
PART ONE
PRELIMINARY PROVISIONS
SECTION I
GENERAL RULES
A. General rules for the interpretation of the combined nomenclature
Classification of goods in the combined nomenclature shall be governed by the following principles:
-
- The titles of sections, chapters and sub-chapters are provided for ease of reference only; for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, provided such headings or notes do not otherwise require, according to the following provisions.
-
-
- (a) Any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as presented, the incomplete or unfinished article has the essential character of the complete or finished article. It shall also be taken to include a reference to that article complete or finished (or falling to be classified as complete or finished by virtue of this rule), presented unassembled or disassembled.
-
- (b) Any reference in a heading to a material or substance shall be taken to include a reference to mixtures or combinations of that material or substance with other materials or substances. Any reference to goods of a given material or substance shall be taken to include a reference to goods consisting wholly or partly of such material or substance. The classification of goods consisting of more than one material or substance shall be according to the principles of rule 3.
-
- When by application of rule 2 (b) or for any other reason, goods are prima facie classifiable under two or more headings, classification shall be effected as follows:
- (a) the heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods;
- (b) mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3 (a), shall be classified as if they consisted of the material or component which gives them their essential character in so far as this criterion is applicable;
- (c) when goods cannot be classified by reference to 3 (a) or (b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.
-
- Goods which cannot be classified in accordance with the above rules shall be classified under the heading appropriate to the goods to which they are most akin.
-
- In addition to the foregoing provisions, the following rules shall apply in respect of the goods referred to therein:
- (a) camera cases, musical instrument cases, gun cases, drawing-instrument cases, necklace cases and similar containers, specially shaped or fitted to contain a specific article or set of articles, suitable for long-term use and presented with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. This rule does not, however, apply to containers which give the whole its essential character;
- (b) subject to the provisions of rule 5 (a), packing materials and packing containers(1) presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods. However, this provision is not binding when such packing materials or packing containers are clearly suitable for repetitive use.
-
- For legal purposes, the classification of goods in the subheadings of a heading shall be determined according to the terms of those subheadings and any related subheading notes and mutatis mutandis to the above rules, on the understanding that only subheadings at the same level are comparable. For the purposes of this rule the relative section and chapter notes also apply, unless the context otherwise requires.
B. General rules concerning duties
| 1. | The customs duties applicable to imported goods originating in countries which are Contracting Parties to the General Agreement on Tariffs and Trade or with which the European Community has concluded agreements containing the most-favoured-nation tariff clause shall be the conventional duties shown in column 4 of the schedule of duties. Unless the context otherwise requires, these conventional duties are applicable to goods, other than those referred to above, imported from any third country. The autonomous duties shown in column 3 are applicable when they are less than the conventional duties. | |
| --- | --- | --- |
| 2. | Paragraph 1 shall not apply where special autonomous customs duties are provided for in respect of goods originating in certain countries or where preferential customs duties are applicable in pursuance of agreements. | |
| --- | --- | --- |
| 3. | Paragraphs 1 and 2 shall not preclude the Member States from applying customs duties other than those of the Common Customs Tariff where the application of such other duties is justified by Community law. | |
| --- | --- | --- |
| 4. | The duties expressed as percentage rates in columns 3 and 4 are ad valorem duties. | |
| --- | --- | --- |
| 5. | The symbol ‘EA’ in columns 3 and 4 indicates that the goods concerned are chargeable with an ‘agricultural component’ fixed in accordance with Annex 1. | |
| --- | --- | --- |
| 6. | The symbol ‘AD S/Z’ or ‘AD F/M’ in columns 3 and 4 in Chapters 17 to 19 indicates that the maximum rate of duty consists of an ad valorem duty plus an additional duty for certain forms of sugar or for flour. This additional duty is fixed in accordance with the rules provisions of Annex 1. | |
| --- | --- | --- |
| 7. | In Chapter 22 the symbol ‘ECU/% vol/hl’ in columns 3 and 4 means that a specific duty, expressed in ecus, is to be calculated for each percentage volume of alcohol per hectolitre. Thus a beverage having an alcohol content by volume of 40 % is to be charged as follows: — ‘ECU 1/% vol/hl’ = ECU 1 × 40, giving a duty of ECU 40 per hectolitre, or — ‘ECU 1/% vol/hl + ECU 5/hl’ = ECU 1 × 40 plus ECU 5, giving a duty of ECU 45 per hectolitre. Where, in addition, a minimum (MIN) value is shown, for example ‘ECU 1,6/% vol/hl MIN ECU 9/hl’, it means that the duty, calculated on the basis of the abovementioned rule, is to be compared with the minimum duty, for example ‘ECU 9/hl’, and the higher of the two is to be applied. |
C. General rules applicable both to nomenclature and to duties
| 1. | Unless provided otherwise, the provisions relating to customs value shall be applied to determine, in addition to the value for the assessment of ad valorem customs duties, the values by reference to which the scope of certain headings or subheadings is defined. | |
| --- | --- | --- |
| 2. | The dutiable weight, in the case of goods chargeable by weight, and the weights by reference to which the scope of certain headings or subheadings is defined, shall be taken to be: (a) in the case of a reference to ‘gross weight’, the aggregate weight of the goods and of all the packing materials and packing containers; (b) in the case of a reference to ‘net weight’ or simply to ‘weight’ without qualification, the weight of the goods themselves without packing materials and packing containers of any kind. | |
| --- | --- | --- |
| 3. | Pursuant to Article 18 (1) of Regulation (EEC) No 2913/92(2) and without prejudice to special provisions drawn up in other fields, in particular for agriculture, the equivalent in national currencies of the ecu by reference to which certain specific customs duties are expressed, or which is used as a criterion limiting the scope of certain subheadings, shall be that obtaining on the first working day of October 1994 to be published in the ‘C’ series of the Official Journal of the European Communities. However, where a change in the bilateral central rate of one or more national currencies occurs the provisions of Article 18 (2) of the abovementioned Regulation shall apply. |
SECTION II
SPECIAL PROVISIONS
A. Goods for certain categories of ships, boats and other vessels and for drilling or production platforms
| 1. | Customs duties shall be suspended in respect of goods intended for incorporation in the ships, boats or other vessels listed in the following schedule, for the purposes of their construction, repair, maintenance or conversion, and in respect of goods intended for fitting to or equipping such ships, boats or other vessels. | |
| --- | --- | --- |
| 2. | Customs duties shall be suspended in respect of: (a) goods intended for incorporation in drilling or production platforms: 1. fixed, subheading ex 8430 49 operating in the territorial sea of Member States; 2. or floating or submersible, subheading 8905 20; for the purposes of their construction, repair, maintenance or conversion, and in respect of goods intended for equipping the said platforms. Those goods such as motor fuel, lubricants and gas, which are necessary for the operation of machines and apparatus which do not affect permanently, and are not integral parts of the platforms and which are used on board for the construction, repair, maintenance, conversion or equipping of these platforms are regarded also as being used for incorporation in drilling or production platforms; (b) tubes, pipes, cables and their connection pieces, linking these drilling or production platforms to the mainland. Code number Description (1) (2) 8901 Cruise ships, excursion boats, ferry-boats, cargo ships, barges and similar vessels for the transport of persons or goods 8901 10 – Cruise ships, excursion boats and similar vessels principally designed for the transport of persons; ferry-boats of all kinds 8901 10 10 – – Sea-going 8901 20 – Tankers 8901 20 10 – – Sea-going 8901 30 – Refrigerated vessels, other than those of subheading 8901 20 8901 30 10 – – Sea-going 8901 90 – Other vessels for the transport of goods and other vessels for the transport of both persons and goods 8901 90 10 – – Sea-going 8902 00 Fishing vessels; factory ships and other vessels for processing or preserving fishery products – Sea-going 8902 00 11 – – Of a gross tonnage exceeding 250 tons (GRT) 8902 00 19 – – Of a gross tonnage not exceeding 250 tons (GRT) 8903 Yachts and other vessels for pleasure or sports; rowing boats and canoes – Other 8903 91 – – Sailboats, with or without auxiliary motor 8903 91 10 – – – Sea-going 8903 92 – – Motorboats, other than outboard motorboats 8903 92 10 – – – Sea-going 8904 00 Tugs and pusher craft 8904 00 10 – Tugs – Pusher craft 8904 00 91 – – Sea-going 8905 Light-vessels, fire-floats, dredgers, floating cranes, and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms 8905 10 – Dredgers 8905 10 10 – – Sea-going 8905 90 – Other 8905 90 10 – – Sea-going 8906 00 Other vessels, including warships and lifeboats other than rowing boats 8906 00 10 – Warships – Other 8906 00 91 – – Sea-going | |
| --- | --- | --- |
| 3. | The suspensions shall be subject to conditions laid down in the relevant Community provisions with a view to customs control of the use of such goods. |
B. Civil aircraft and goods for use in civil aircraft
| 1. | Relief from customs duty is provided for: — civil aircraft, — certain goods for use in civil aircraft and for incorporation therein in the course of their manufacture, repair, maintenance, rebuilding, modification or conversion, — ground flying-trainers and their parts, for civil use. These goods are covered by subheading(3) with a footnote reference in the following terms: Entry under this subheading is subject to conditions laid down in the relevant Community provisions. See also Section II, paragraph B, of the Preliminary Provisions. | |
| --- | --- | --- |
| 2. | For the purposes of paragraph 1, ‘civil aircraft’ means aircraft other than aircraft used in military or similar services in the Member States which carry a military or non-civil registration. | |
| --- | --- | --- |
| 3. | For the application of paragraph 1, second indent, the expression ‘for use in civil aircraft’ in all relevant subheadings(3) shall include goods for use in ground flying trainers for civil use. |
C. Pharmaceutical products
| 1. | Relief from customs duty is provided for pharmaceutical products of the following categories: (i) those pharmaceutical substances which are listed in Annex 3 and which are known by the International Non-proprietary Names (INNs) provided for them by the World Health Organisation; (ii) salts, esters and hydrates of INNs, which are described by the combination of INNs of Annex 3 with prefixes or suffixes of Annex 4, on condition that such products are classifiable in the same 6-digit HS-headings as the corresponding INNs; (iii) salts, esters and hydrates of INNs, which are listed in Annex 5 and which are not classifiable in the same 6-digit HS-heading as the corresponding INNs; (iv) the products which are listed in Annex 6 and which are used in the manufacture of pharmaceutical products. The subheadings concerned are within the following headings: 2818 30, 2833 22, 2841 10, 2842 10, 2842 90, 2843 30, 2843 90, 2844 40, 2845 90, 2846 90, 2902 19, 2902 90, 2903 22, 2903 30, 2903 40, 2903 51, 2903 59, 2903 62, 2903 69, 2904 10, 2904 90, 2905 22, 2905 29, 2905 39, 2905 49, 2905 50, 2906 11, 2906 19, 2906 21, 2906 29, 2907 19, 2907 29, 2908 10, 2908 20, 2908 90, 2909 19, 2909 20, 2909 30, 2909 49, 2909 50, 2910 90, 2911 00, 2912 19, 2912 29, 2912 49, 2914 19, 2914 29, 2914 30, 2914 49, 2914 50, 2914 69, 2914 70, 2915 29, 2915 39, 2915 50, 2915 60, 2915 70, 2915 90, 2916 15, 2916 19, 2916 20, 2916 39, 2917 13, 2917 19, 2917 20, 2917 34, 2917 39, 2918 11, 2918 16, 2918 17, 2918 19, 2918 22, 2918 23, 2918 29, 2918 30, 2918 90, 2919 00, 2920 10, 2920 90, 2921 12, 2921 19, 2921 29, 2921 30, 2921 42, 2921 45, 2921 49, 2921 59, 2922 11, 2922 19, 2922 29, 2922 30, 2922 41, 2922 42, 2922 49, 2922 50, 2923 10, 2923 20, 2923 90, 2924 10, 2924 21, 2924 29, 2925 19, 2925 20, 2926 90, 2927 00, 2928 00, 2929 90, 2930 20, 2930 30, 2930 40, 2930 90, 2931 00, 2932 19, 2932 29, 2932 90, 2933 11, 2933 19, 2933 21, 2933 29, 2933 39, 2933 40, 2933 51, 2933 59, 2933 69, 2933 79, 2933 90, 2934 10, 2934 20, 2934 30, 2934 90, 2935 00, 2936 10, 2936 21, 2936 22, 2936 23, 2936 24, 2936 25, 2936 26, 2936 27, 2936 28, 2936 29, 2937 10, 2937 21, 2937 22, 2937 29, 2937 91, 2937 92, 2937 99, 2938 10, 2938 90, 2939 10, 2939 29, 2939 40, 2939 50, 2939 60, 2939 90, 2940 00, 2941 10, 2941 20, 2941 30, 2941 40, 2941 50, 2941 90, 2942 00, 3001 20, 3001 90, 3002 10, 3002 90, 3003 31, 3003 40, 3003 90, 3004 31, 3102 70, 3203 00, 3204 12, 3204 13, 3204 19, 3204 90, 3402 12, 3402 13, 3507 90, 3808 40, 3823 90, 3901 90, 3902 90, 3904 61, 3905 90, 3906 90, 3907 10, 3907 20, 3907 30, 3907 60, 3907 99, 3908 10, 3909 10, 3909 40, 3910 00, 3911 90, 3912 20, 3912 31, 3912 39, 3912 90, 3913 90, 3914 00. |
D. Standard rate of duty
| 1. | Customs duty shall be charged at the flat rate of 10 % ad valorem on goods: — contained in consignments sent by one private individual to another, or — contained in travellers' personal luggage, provided that such importations are not of a commercial nature. This flat rate 10 % customs duty shall apply provided that the value of the goods subject to import duty does not exceed ECU 200 per consignment or per traveller. Such flat rate assessment shall not apply to goods falling within Chapter 24 which are contained in a consignment or in travellers' personal luggage in amounts exceeding those laid down in Article 31 or in Article 46 of Council Regulation (EEC) No 918/83(4), as last amended by Regulation (EEC) No 355/94(5). | |
| --- | --- | --- |
| 2. | Importations shall be treated as not being of a commercial nature if: (a) in the case of goods contained in consignments sent by one private individual to another, such consignments: — are of an occasional nature, — contain goods exclusively for the personal use of the consignee or his family; which do not by their nature or quantity reflect any commercial interest, — are sent to the consignee by the consignor free of payment of any kind; (b) in the case of goods contained in travellers' personal luggage, they: — are of an occasional nature, and — consist exclusively of goods for the personal use of the travellers or their families, or of goods intended as presents; the nature and quantity of such goods must not be such as might indicate that they are being imported for commercial reasons. | |
| --- | --- | --- |
| 3. | The flat rate of customs duty shall not apply to goods imported under the conditions set out in paragraphs 1 and 2 if the person entitled has, before the said flat rate is applied to them, requested that they be subject to the customs duties appropriate to them. All the goods making up the consignment shall then be subject to the import duties which are appropriate to them, without prejudice to the duty-free admission provided for pursuant to Articles 29 to 31 and 45 to 49 of Regulation (EEC) No 918/83. For the purposes of the first subparagraph, import duties shall mean both customs duties and charges having equivalent effect and agricultural levies and other import charges provided for under the common agricultural policy or under specific arrangements applicable to certain goods resulting from the processing of agricultural products. | |
| --- | --- | --- |
| 4. | Member States may round off the amount in national currencies resulting from the conversion of the sum of ECU 200. | |
| --- | --- | --- |
| 5. | Member States may maintain unchanged the equivalent in national currency of the sum of ECU 200 if, at the time of the annual adjustment provided for in the first paragraph of Article 18 (1) of Regulation (EEC) No 2913/92 the conversion of this amount, before the rounding off provided for in paragraph 4, results in a change of less than 5 % in the equivalent in national currency, or in a reduction thereof. |
E. Containers and packing materials
The following provisions are applicable to the containers and packing materials referred to in general interpretative rule 5 (a) and (b) and put into free circulation at the same time as the goods which they contain or with which they are presented.
| 1. | When the containers and packing materials are classified with the goods in accordance with the provisions of general interpretative rule 5, they shall be: (a) chargeable at the same rate of customs duty as the goods: — where such goods are subject to an ad valorem customs duty, or — where they are to be included in the dutiable weight of the goods; (b) admitted free of customs duties: — where the goods are free of customs duty, or — where the goods are dutiable otherwise than by reference to weight or value, or — where the weight of the containers and packing materials is not to be included in the dutiable weight of the goods. | |
| --- | --- | --- |
| 2. | Where containers and packing materials covered by the provisions of paragraph 1 (a) and (b) contain or are presented with goods of several different tariff descriptions, the weight and value of the containers and packing materials shall, for the purpose of determining their dutiable weight or value, be apportioned among all the goods contained, in proportion to the weight or value of those goods. |
SIGNS, ABBREVIATIONS AND SYMBOLS
| * | Refers to new code numbers |
| ■ | Refers to code numbers used the previous year but with differing coverage |
| AD F/M | Additional duty on flour |
| AD S/Z | Additional duty on sugar |
| b/f | Bottle flask |
| EA | Agricultural component |
| INN | International non-proprietary name |
| INNM | International non-proprietary name modified |
| ISO | International Organization for Standardization |
| Kbit | 1 024 bits |
| kg/br | Kilogram, gross |
| kg/net | Kilogram, net |
| kg/net eda | Kilogram drained net weight |
| 100 kg/net mas | 100 Kilogram, net of dry matter |
| MAX | Maximum |
| Mbit | 1 048 576 bits |
| MIN | Minimum |
SUPPLEMENTARY UNITS
| BRT | Gross registered tonne (28 316 m3) |
| c/k | Carats (1 metric carat = 2 x 10-4 kg) |
| ce/el | Number of cells |
| ct/l | Carrying capacity in tonnes(6) |
| g | Gram |
| gi F/S | Gram of fissile isotopes |
| kg H2O2 | Kilogram of hydrogen peroxide |
| kg K2O | Kilogram of potassium oxide |
| kg KOH | Kilogram of potassium hydroxide (caustic potash) |
| kg met.am. | Kilogram of methylamines |
| kg N | Kilogram of nitrogen |
| kg NaOH | Kilogram of sodium hydroxide (caustic soda) |
| kg/net eda | Kilogram drained net weight |
| kg P2O5 | Kilogram of diphosphorus pentaoxide |
| kg 90 % sdt | Kilogram of substance 90 % dry |
| kg U | Kilogram of uranium |
| 1 000 kWh | 1 000 kilowatt hours |
| l | Litre |
| 1 000 l | 1 000 litres |
| l alc. 100 % | Litre pure (100 %) alcohol |
| m | Metre |
| m2 | Square metre |
| m3 | Cubic metre |
| 1 000 m3 | 1 000 cubic metres |
| pa | Number of pairs |
| p/st | Number of items |
| 100 p/st | Hundred items |
| 1 000 p/st | Thousand items |
| TJ | Terajoule (gross calorific value) |
PART TWO
SCHEDULE OF CUSTOMS DUTIES
SECTION I
LIVE ANIMALS; ANIMAL PRODUCTS
Notes
-
- Any reference in this section to a particular genus or species of an animal, except where the context otherwise requires, includes a reference to the young of that genus or species.
-
- Except where the context otherwise requires, throughout the nomenclature any reference to ‘dried’ products also covers products which have been dehydrated, evaporated or freeze-dried.
CHAPTER I
LIVE ANIMALS
Note
-
- This chapter covers all live animals except:
- (a) fish and crustaceans, molluscs and other aquatic invertebrates, of heading No 0301, 0306 or 0307;
- (b) cultures of micro-organisms and other products of heading No 3002; and
- (c) animals of heading No 9508.
| CN code | Description | autonomous (%) | conventional (%) | Supplementary unit |
| (1) | (2) | (3) | (4) | (5) |
| 0101 | Live horses, asses, mules and hinnies | |||
| – Horses | ||||
| 0101 11 00 | – – Pure-bred breeding animals(7) | Free | Free | p/st |
| 0101 19 | – – Other | |||
| 0101 19 10 | – – – For slaughter(7) | 11 | 3,3 | p/st |
| 0101 19 90 | – – – Other | 23 | 16,9 | p/st |
| 0101 20 | – Asses, mules and hinnies | |||
| 0101 20 10 | – – Asses | 12 | 11,3 | p/st |
| 0101 20 90 | – – Mules and hinnies | 17 | 16 | p/st |
| 0102 | Live bovine animals | |||
| 0102 10 | – Pure-bred breeding animals(7) | |||
| 0102 10 10 | – – Heifers (female bovines that have never calved) | Free | Free | p/st |
| 0102 10 30 | – – Cows | Free | Free | p/st |
| 0102 10 90 | – – Other | Free | Free | p/st |
| 0102 90 | – Other | |||
| – – Domestic species | ||||
| 0102 90 05 | – – – Of a weight not exceeding 80 kg | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| – – – Of a weight exceeding 80 kg but not exceeding 160 kg | ||||
| 0102 90 21 | – – – – For slaughter | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 29 | – – – – Other | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| – – – Of a weight exceeding 160 kg but not exceeding 300 kg | ||||
| 0102 90 41 | – – – – For slaughter | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 49 | – – – – Other | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| – – – Of a weight exceeding 300 kg | ||||
| – – – – Heifers (female bovines that have never calved) | ||||
| 0102 90 51 | – – – – – For slaughter | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 59 | – – – – – Other | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| – – – – Cows | ||||
| 0102 90 61 | – – – – – For slaughter | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 69 | – – – – – Other | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| – – – – Other | ||||
| 0102 90 71 | – – – – – For slaughter | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 79 | – – – – – Other | 16 + 145,4 Ecu/100 kg/net | 15 + 136,7 Ecu/100 kg/net(8) | p/st |
| 0102 90 90 | – – Other | Free | Free | p/st |
| 0103 | Live swine | |||
| 0103 10 00 | – Pure-bred breeding animals(7) | Free | Free | p/st |
| – Other | ||||
| 0103 91 | – – Weighing less than 50 kg | |||
| 0103 91 10 | – – – Domestic species | 64,4 Ecu/100 kg/net | 60,5 Ecu/100 kg/net | p/st |
| 0103 91 90 | – – – Other | Free | Free | p/st |
| 0103 92 | – – Weighing 50 kg or more | |||
| – – – Domestic species | ||||
| 0103 92 11 | – – – – Sows having farrowed at least once, of a weight of not less than 160 kg | 54,8 Ecu/100 kg/net | 51,5 Ecu/100 kg/net | p/st |
| 0103 92 19 | – – – – Other | 64,4 Ecu/100 kg/net | 60,5 Ecu/100 kg/net | p/st |
| 0103 92 90 | – – – Other | Free | Free | p/st |
| 0104 | Live sheep and goats | |||
| 0104 10 | – Sheep | |||
| 0104 10 10 | – – Pure-bred breeding animals(7) | Free | Free | p/st |
| – – Other | ||||
| 0104 10 30 | – – – Lambs (up to a year old) | 125,8 Ecu/100 kg/net | 118,3 Ecu/100 kg/net(8) | p/st |
| 0104 10 80 | – – – Other | 125,8 Ecu/100 kg/net | 118,3 Ecu/100 kg/net(8) | p/st |
| 0104 20 | – Goats | |||
| 0104 20 10 | – – Pure-bred breeding animals(7) | 5 | 4,7 | p/st |
| 0104 20 90 | – – Other | 125,8 Ecu/100 kg/net | 118,3 Ecu/100 kg/net(8) | p/st |
| 0105 | Live poultry, that is to say, fowls of the species Gallus domesticus, ducks, geese, turkeys and guinea fowls | |||
| – Weighing not more than 185 g | ||||
| 0105 11 | – – Fowls of the species Gallus domesticus | |||
| – – – Grandparent and parent female chicks | ||||
| 0105 11 11 | – – – – Laying stocks | 81 Ecu/1 000 p/st | 76 Ecu/1 000 p/st | p/st |
| 0105 11 19 | – – – – Other | 81 Ecu/1 000 p/st | 76 Ecu/1 000 p/st | p/st |
| – – – Other | ||||
| 0105 11 91 | – – – – Laying stocks | 81 Ecu/1 000 p/st | 76 Ecu/1 000 p/st | p/st |
| 0105 11 99 | – – – – Other | 81 Ecu/1 000 p/st | 76 Ecu/1 000 p/st | p/st |
| 0105 19 | – – Other | |||
| 0105 19 10 | – – – Geese and turkeys | 237 Ecu/1 000 p/st | 223 Ecu/1 000 p/st | p/st |
| 0105 19 90 | – – – Ducks and guinea fowls | 81 Ecu/1 000 p/st | 76 Ecu/1 000 p/st | p/st |
| – Other | ||||
| 0105 91 00 | – – Fowls of the species Gallus domesticus | 32,7 Ecu/100 kg/net | 30,7 Ecu/100 kg/net | p/st |
| 0105 99 | – – Other | |||
| 0105 99 10 | – – – Ducks | 50,5 Ecu/100 kg/net | 47,5 Ecu/100 kg/net | p/st |
| 0105 99 20 | – – – Geese | 49,4 Ecu/100 kg/net | 46,4 Ecu/100 kg/net | p/st |
| 0105 99 30 | – – – Turkeys | 37,2 Ecu/100 kg/net | 35 Ecu/100 kg/net | p/st |
| 0105 99 50 | – – – Guinea fowls | 53,9 Ecu/100 kg/net | 50,7 Ecu/100 kg/net | p/st |
| 0106 00 | Other live animals | |||
| 0106 00 10 | – Domestic rabbits | 10 | 5,6 | — |
| 0106 00 20 | – Pigeons | 12 | 9,4 | — |
| 0106 00 90 | – Other | Free | Free | — |
CHAPTER 2
MEAT AND EDIBLE MEAT OFFAL
Note
-
- This chapter does not cover:
- (a) products of the kinds described in heading Nos 0201 to 0208 or 0210, unfit or unsuitable for human consumption;
- (b) guts, bladders or stomachs of animals (heading No 0504) or animal blood (heading No 0511 or 3002); or
- (c) animal fat, other than products of heading No 0209 (Chapter 15).
Additional notes
-
-
- A. The following expressions shall have the meanings hereunder assigned to them:
-
- (a) ‘carcases of bovine animals’, for the purposes of subheadings 0201 10 and 0202 10, whole carcases of the slaughtered animals after having been bled, eviscerated and skinned, imported with or without the heads, with or without the feet and with or without the other offals attached. Where carcases are imported without the heads, the latter must have been separated from the carcase at the atloido-occipital joint. When imported without the feet, the latter must have been cut off at the carpo-metacarpal or tarso-metatarsal joints; ‘carcase’ shall include the front part of the carcase comprising all the bones and the scrag, neck and shoulder having more than 10 pairs of ribs;
- (b) ‘half-carcases of bovine animals’, for the purposes of subheadings 0201 10 and 0202 10, the product resulting from the symmetrical division of the whole carcase through the centre of each cervical, dorsal, lumbar and sacral vertebra and through the centre of the sternum and of the ischio-pubeic symphysis; ‘half-carcase’ shall include the front part of the half-carcase comprising all the bones and the scrag, neck and shoulder having more than 10 ribs;
- (c) ‘compensated quarters’, for the purposes of subheadings 0201 20 20 and 0202 20 10: portions composed of either:
- — forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the tenth rib; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the third rib, or
- — forequarters comprising all the bones and the scrag, neck and shoulder, and cut at the fifth rib, with the whole of the flank and breast attached; and hindquarters comprising all the bones and the thigh and sirloin, and cut at the eighth cut rib.
The forequarters and the hindquarters constituting ‘compensated quarters’ must be imported at the same time and in equal numbers, and the total weight of the forequarters must be the same as that of the hindquarters; however, a difference between the weights of the two parts of the consignment is allowed provided that this does not exceed 5 % of the weight of the heavier part (forequarters or hindquarters).
- (d) ‘unseparated forequarters’, for the purposes of subheadings 0201 20 30 and 0202 20 30: the front part of a carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four pairs of ribs and a maximum of 10 pairs of ribs (the first four pairs of ribs must be whole, the others may be cut) with or without the thin flank;
- (e) ‘separated forequarters’, for the purposes of subheadings 0201 20 30 and 0202 20 30: the front part of a half-carcase comprising all the bones and the scrag, neck and shoulder, with a minimum of four ribs and a maximum of 10 ribs (the first four ribs must be whole, the others may be cut) with or without the thin flank;
- (f) ‘unseparated hindquarters’, for the purposes of subheadings 0201 20 50 and 0202 20 50: the rear part of a carcase comprising all the bones and the thigh and sirloin, including the fillet, with a minimum of three pairs of whole or cut ribs, with or without the shank and with or without the thin flank;
- (g) ‘separated hindquarters’, for the purposes of subheadings 0201 20 50 and 0202 20 50: the rear part of a half-carcase comprising all the bones and the thigh and sirloin, including the fillet, with a minimum of three whole or cut ribs, with or without the shank and with or without the thin flank;
- (h) - 11. ‘crop’ and ‘chuck and blade’ cuts, for the purposes of subheading 0202 30 50: the dorsal part of the forequarter, including the upper part of the shoulder, obtained from a forequarter with a minimum of four ribs and a maximum of 10 ribs by a cut along a straight line through the point where the first rib joins the first sternal segment to the point of reflection of the diaphragm on the tenth rib;
-
- ‘brisket’ cut, for the purposes of subheading 0202 30 50: the lower part of the forequarter comprising the brisket navel end and the brisket point end.
- B. In determining the number of whole or cut ribs referred to in paragraph 1 A, only those attached to the backbone shall be taken into consideration.
-
-
- A. The following expressions shall have the meanings hereunder assigned to them:
-
- (a) ‘carcases or half-carcases’, for the purposes of subheadings 0203 11 10 and 0203 21 10: slaughtered pigs in the form of carcases of domestic swine which have been bled and eviscerated and from which the bristles and hooves have been removed. Half-carcases are derived from whole carcases by division through the centre of each cervical, dorsal, lumbar and sacral vertebra and through the centre of the sternum and the ischio-pubic symphysis. These carcases and half-carcases may be with or without head, feet, flare fat, kidneys, tail or diaphragm. Half-carcases may be with or without spinal cord, brain or tongue. Carcases and half-carcases of sows may be with or without udders (mammary glands);
- (b) ‘hams’ (legs), for the purposes of subheadings 0203 12 11, 0203 22 11, 0210 11 11 and 0210 11 31: the posterior (caudal) part of the half-carcase including bones, with or without foot, shank, rind or subcutaneous fat.
The ham (leg) is separated from the rest of the half-carcase so that it includes, at most, the last lumbar vertebra;
- (c) ‘fore-ends’, for the purposes of subheadings 0203 19 11, 0203 29 11, 0210 19 30 and 0210 19 60: the anterior (cranial) part of the half-carcase without the head, including bones, with or without foot, shank, rind or subcutaneous fat.
The fore-end is separated from the rest of the half-carcase so that it includes, at most, the fifth dorsal vertebra. The upper (dorsal) part of the fore-end, whether or not containing the blade-bone and attached muscles, (neck-end in fresh or collar in salted condition), is considered a cut of the loin, when it is separated from the lower (ventral) part of the fore-end, at most by a cut just below the vertebral column;
- (d) ‘shoulders’, for the purposes of subheadings 0203 12 19, 0203 22 19, 0210 11 19 and 0210 11 39: the lower part of the fore-end whether or not containing the blade-bone and attached muscles, including bones, with or without foot, shank, rind or subcutaneous fat.
The blade-bone and attached muscles presented separately shall remain classified in this subheading as a part of the shoulder;
- (e) ‘loins’, for the purposes of subheadings 0203 19 13, 0203 29 13, 0210 19 40 and 0210 19 70: the upper part of the half-carcase, extending from the first cervical vertebra to the caudal vertebrae, including bones, with or without the tenderloin, blade-bone, subcutaneous fat or rind.
The loin is separated from the lower part of the half-carcase by a cut just below the vertebral column;
- (f) ‘bellies’, for the purposes of subheadings 0203 19 15, 0203 29 15, 0210 12 11 and 0210 12 19: the lower part of the half-carcase situated between the ham (leg) and the shoulder, commonly known as ‘streaky’, with or without bones, but with the rind and the subcutaneous fat;
- (g) ‘bacon sides’, for the purposes of subheading 0210 19 10: the pig half-carcase without the head, cheek, chap, feet, tail, flare fat, kidney, tenderloin, blade bone, sternum, vertebral column, pelvic bone and diaphragm;
- (h) ‘spencers’, for the purposes of subheading 0210 19 10: the bacon side without the ham, whether or not boned;
- (ij) ‘three-quarter sides’, for the purposes of subheading 0210 19 20: the bacon side without the fore-end, whether or not boned;
- (k) ‘middles’, for the purposes of subheading 0210 19 20: the bacon side without the ham and the fore-end, whether or not boned.
The subheading also includes cuts of middles containing tissue of loin and belly in natural proportion to the entire middles.
- B. The parts of the cuts defined in paragraph 2 A (f) fall within the same subheadings only if they contain rind and subcutaneous fat.
If the cuts falling within subheadings 0210 11 11 and 0210 11 19 as well as 0210 11 31, 0210 11 39, 0210 19 30 and 0210 19 60 are derived from a bacon side from which the bones indicated under paragraph 2 A (g) have already been removed, the lines of cutting shall follow those defined under paragraph 2 A (b), (c) and (d) accordingly; in any case, these cuts or parts thereof shall contain bones.
- C. Subheadings 0206 30 31, 0206 49 91 and 0210 90 39, shall include, in particular, heads or halves of heads of domestic swine, with or without the brains, cheeks or tongues, and parts thereof.
The head is separated from the rest of the half-carcase by a straight cut parallel to the cranium. The cheeks, snouts and ears as well as the meat attached to the head, particularly to the rear part (including the chaps), are considered parts of heads. The boneless meat of the fore-end (including the jowl) fall within subheading 0203 19 55, 0203 29 55, 0210 19 51 or 0210 19 81 as the case may be.
- D. For the purposes of subheadings 0209 00 11 and 0209 00 19, ‘subcutaneous pig fat’ shall have the meaning of the fatty tissue which accumulates under the rind of the pig and adheres to it, irrespective of the part of the pig from which it comes; in any case, the weight of the fatty tissue shall exceed the weight of the rind.
Those subheadings also include subcutaneous pig fat from which the rind has been removed.
- E. For the purposes of subheadings 0210 11 31, 0210 11 39, 0210 12 19 and 0210 19 60 to 0210 19 89, products in which the water/protein ratio in the meat (nitrogen content x 6,25) is 2,8 or less shall be considered as ‘dried or smoked’. The nitrogen content shall be determined according to ISO method 937-1978.
-
-
- A. For the purposes of heading No 0204, the following expressions shall have the meanings hereunder assigned to them:
-
- (a) ‘carcases’, for the purposes of subheadings 0204 10, 0204 21, 0204 30, 0204 41, 0204 50 11 and 0204 50 51: whole carcases of the slaughtered animals after having been bled, eviscerated and skinned, imported with or without the heads, with or without the feet and with or without the other offals attached. Where carcases are imported without the heads, the latter must have been separated from the carcase at the atloido-occipital joint. When imported without the feet, the latter must have been cut off at the carpo-metacarpal or tarso-metatarsal joints;
- (b) ‘half-carcases’, for the purposes of subheadings 0204 10, 0204 21, 0204 30, 0204 41, 0204 50 11 and 0204 50 51: the product resulting from the symmetrical division of the whole carcase through the centre of each cervical, dorsal, lumbar and sacral vertebra and through the centre of the sternum and of the ischio-pubic symphysis;
- (c) ‘short-forequarters’, for the purposes of subheadings 0204 22 10, 0204 42 10, 0204 50 13 and 0204 50 53: the anterior part of the carcase with or without the breast including all the bones and the shoulders, scrag and middle neck, cut at right angles to the backbone with a minimum of five and a maximum of seven pairs of whole or cut ribs;
- (d) ‘short-forequarters’, for the purposes of subheadings 0204 22 10, 0204 42 10, 0204 50 13 and 0204 50 53: the anterior part of the half-carcase with or without the breast including all the bones and the shoulder, scrag and middle neck, cut at right-angles to the backbone with a minimum of Jive and a maximum of seven whole or cut ribs;
- (e) ‘chines and/or best ends’, for the purposes of subheadings 0204 22 30, 0204 42 30, 0204 50 15 and 0204 50 55: the remaining part of the carcase after the legs and short forequarters have been removed with or without the kidneys; the chines when separated from the best ends must include a minimum of five lumbar vertebrae; the best ends when separated from the chines must include a minimum of five pairs of whole or cut ribs;
- (f) ‘chine and/or best end’, for the purposes of subheadings 0204 22 30, 0204 42 30, 0204 50 15 and 0204 50 55: the remaining part of the half-carcase after the legs and short forequarters have been removed with or without the kidney; the chine when separated from the best end must include a minimum of five lumbar vertebrae; the best end when separated from the chine must include a minimum of five whole or cut ribs;
- (g) ‘legs’, for the purposes of subheadings 0204 22 50, 0204 42 50, 0204 50 19 and 0204 50 59: the rear part of the carcase comprising all the bones and the legs and cut at right-angles to the backbone at the sixth lumbar vertebra just under the ilium or at the fourth sacral vertebra through the ilium anterior to the ischio-pubic symphysis;
- (h) ‘legs’, for the purposes of subheadings 0204 22 50, 0204 42 50, 0204 50 19 and 0204 50 59: the rear part of the half-carcase comprising all the bones and the leg cut at right-angles to the backbone at the sixth lumbar vertebra just under the ilium or at the fourth sacral vertebra through the ilium anterior to the ischio-pubic symphysis.
- B. In determining the number of whole or cut ribs referred to in paragraph 3 A, only those attached to the backbone shall be taken into consideration.
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- The following expressions shall have the meanings hereunder assigned to them:
- (a) ‘poultry cuts, with bone in’, for the purposes of subheadings 0207 39 13 to 0207 39 23, 0207 39 33 to 0207 39 45, 0207 39 57 to 0207 39 77, 0207 41 11 to 0207 41 51, 0207 42 11 to 0207 42 59 and 0207 43 21 to 0207 43 63: the cuts specified therein, including all bones.
Poultry cuts as referred to in (a) which have been partly boned shall fall within subheading 0207 39 25, 0207 39 47, 0207 39 83, 0207 41 71 or 0207 43 81;
- (b) ‘halves’, for the purposes of subheadings 0207 39 13, 0207 39 33, 0207 39 57, 0207 39 61, 0207 39 63, 0207 41 11, 0207 42 11, 0207 43 21, 0207 43 23 and 0207 43 25: halves of poultry carcases, obtained by a longitudinal cut in a plane along the sternum and the backbone;
- (c) ‘quarters’, for the purposes of subheadings 0207 39 13, 0207 39 33, 0207 39 57, 0207 39 61, 0207 39 63, 0207 41 11, 0207 42 11, 0207 43 21, 0207 43 23 and 0207 43 25: leg quarters, or breast quarters, obtained by a transversal cut of a half;
- (d) ‘whole wings, with or without tips’, for the purposes of subheadings 0207 39 15, 0207 39 35, 0207 39 65, 0207 41 21, 0207 42 21 and 0207 43 31: poultry cuts consisting of the humerus, radius and ulna, together with the surrounding musculature. The tip, including the carpal bones, may or may not have been removed. The cuts shall be made at the joints;
- (e) ‘breasts’, for the purposes of subheadings 0207 39 21, 0207 39 41, 0207 39 71, 0207 39 73, 0207 41 41, 0207 42 41, 0207 43 51 and 0207 43 53: poultry cuts consisting of the sternum and the ribs, distributed on both sides of it, together with the surrounding musculature;
- (f) ‘legs’, for the purposes of subheadings 0207 39 23, 0207 39 75, 0207 39 77, 0207 41 51, 0207 43 61 and 0207 43 63: poultry cuts consisting of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
- (g) ‘turkey drumsticks’, for the purposes of subheadings 0207 39 43 and 0207 42 51: turkey cuts consisting of the tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
- (h) ‘turkey legs, other than drumsticks’, for the purposes of subheadings 0207 39 45 and 0207 42 59: turkey cuts consisting of the femur together with the surrounding musculature or of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
- (ij) ‘goose or duck paletots’, for the purposes of subheadings 0207 39 81 and 0207 43 71: geese or ducks plucked and completely drawn, without heads or feet, with carcase bones (breastbone, ribs, backbone and sacrum) removed but with the femurs, tibias and humeri.
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- The duty rate applicable to mixtures falling within this chapter shall be as follows:
- (a) in mixtures where one of the components represents at least 90 % by weight, the rate applicable to that component applies;
- (b) in other mixtures, the rate applicable shall be that of the component which results in the highest amount of import duty.
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- (a) Uncooked seasoned meats fall within Chapter 16. ‘Seasoned meat’ shall be uncooked meat that has been seasoned either in depth or over the whole surface of the product with seasoning either visible to the naked eye or clearly distinguishable by taste.
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- (b) Products falling within heading No 0210 to which seasoning has been added during the process of preparation remain classified therein provided that the addition of seasoning has not changed their character.
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- For the purposes of heading No 0210, the terms ‘meat and edible meat offal, salted, in brine’ mean meat and edible meat offal deeply and homogeneously impregnated with salt in all parts, having a total salt content of not less than 1,2 % by weight.
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