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Commission Implementing Regulation (EU) 2019/1082 of 20 June 2019 concerning the classification of certain goods in the Combined Nomenclature

Type Implementing Regulation

Publication 2019-06-26

State In force

Text As published

Department European Commission, TAXUD

Source EUR-Lex

articles 3

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.

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26.6.2019	EN	Official Journal of the European Union	L 171/5

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, 20 June 2019.

For the Commission,

On behalf of the President,

Stephen QUEST

Director-General

Directorate-General for Taxation and Customs Union

OJ L 269, 10.10.2013, p. 1.

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 self-clinching stud made of steel. It has a threaded shank and a round, flat and smooth head with underlying knurling. It can have different dimensions. The article is designed to be mounted on low-thickness metal sheets by means of a hydraulic or pneumatic press. The head stays exactly on the level of the sheet while the threaded part remains perpendicular to the sheet. Consequently, it creates a male thread, which enables the sheet to be joined by means of an additional nut to another element which can be detached by screwing in a reversible way. ³See image.	7318 15 95	Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 7318 , 7318 15 and 7318 15 95 . The article is threaded and used to assemble or fasten goods so that they can readily be disassembled without damage. It has the objective characteristics of a screw of heading 7318 . Consequently, classification under CN code 7318 19 00 as other threaded articles is excluded (see also the Harmonised System Explanatory Notes to Heading 7318 (A)). It is therefore to be classified under CN code 7318 15 95 as other screws of steel.

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