Commission Regulation (EC) No 1114/2006 of  20 July 2006  concerning the classification of certain goods in the Combined Nomenclature

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 codes indicated in column 2 of that table.

Article 2

Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of three months pursuant to Article 12(6) of Regulation (EEC) No 2913/92.

Article 3

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union .

ANNEX

ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1)
(2)
(3)
1.
Liquid product based on arnica tincture (ratio arnica/extract 1:10), put up for retail sale in a bottle of 50 ml volume and with an alcoholic strength by volume of 45 %.
According to the packaging the product is intended for human consumption for uses other than liquor production.
Recommended dosage: 30 to 50 drops, diluted in half a glass of water, 2 to 3 times a day.
2208 90 69
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(d) to Chapter 13, and by the wording of CN codes 2208 , 2208 90 and 2208 90 69 .
Being a beverage the product cannot be classified in Chapter 13.
It cannot be regarded as a medicament of heading 3004 because it does not meet the criteria of the Additional Note 1 to Chapter 30.
The product has to be classified as a spirituous beverage of heading 2208 (HSEN to heading 2208 , third paragraph, item 16).
2.
Liquid product put up for retail sale in a bottle of 30 ml volume, with an alcoholic strength by volume of 68 %, containing:
—
plantain ( Plantago lanceolata ) leaves, thyme ( Thymus vulgaris ) and helichrysum ( Helichrysum italicum ) flowers
2,1 g
—
dry extract of propolis
84 mg
—
freeze-dried extract of grindelia ( Grindelia robusta )
45 mg
—
eucalyptus ( Eucalyptus globulus ) essential oil
10,5 mg
—
Scotch pine ( Pinus sylvestris ) essential oil
10,5 mg
—
alcohol
—
water
According to the packaging the product could be used to improve respiration and is intended for human consumption.
Recommended dosage: 25 drops, diluted in a little water, 3 times a day.
2208 90 69
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, and by the wording of CN codes 2208 , 2208 90 and 2208 90 69 .
The product cannot be regarded as a medicament of heading 3004 because it does not meet the criteria of the Additional Note 1 to Chapter 30.
The product has to be classified as a spirituous beverage of heading 2208 (HSEN to heading 2208 , third paragraph, item 16).
3.
Liquid product put up for retail sale in a bottle of 30 ml volume, with an alcoholic strength by volume of 70 %, containing:
—
propolis (min 38 mg/ml total flavonoids expressed as galangin)
16 % by weight
—
alcohol
—
water
According to the packaging the product could be used to enhance the throat's natural defences and is intended for human consumption.
Recommended dosage: 40 to 60 drops per day in a teaspoon of sugar or honey.
2208 90 69
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(a) to Chapter 30, and by the wording of CN codes 2208 , 2208 90 and 2208 90 69 .
The product cannot be regarded as a medicament of Chapter 30.
The product has to be classified as a spirituous beverage of heading 2208 (HSEN to heading 2208 , third paragraph, item 16).
4.
Liquid product put up for retail sale in a bottle of 30 ml volume, with an alcoholic strength by volume of 70 %, containing:
—
hydroalcoholic extract of propolis (standardized with native dry extract of propolis
0,6 g
—
alcohol
—
water
According to the packaging the product is intended for human consumption in a recommended dosage of 25 drops once or twice a day, diluted in half a glass of water. It can also be used as a mouthwash, by diluting 25 drops in water as desired.
2208 90 69
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Chapter 33, and by the wording of CN codes 2208 , 2208 90 and 2208 90 69 .
The product cannot be regarded as a mouthwash of heading 3306 because it is not put up in a form clearly specialised to such use (HSEN General, fourth paragraph (b) to Chapter 33).
The product has to be classified as a spirituous beverage of heading 2208 (HSEN to heading 2208 , third paragraph, item 16).
5.
Liquid product based on glycerine macerate of blackcurrant ( Ribes nigrum ) buds (ratio drug/extract 1:20), put up for retail sale in a bottle of 100 ml volume, with an alcoholic strength by volume of 38 %.
According to the packaging the product is intended for human consumption for uses other than liquor production.
Recommended dosage: 50 to 150 drops, diluted in a little water, per day.
2208 90 69
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 1(d) to Chapter 13, and by the wording of CN codes 2208 , 2208 90 and 2208 90 69 .
Being a beverage the product cannot be classified in Chapter 13.
The product has to be classified as a spirituous beverage of heading 2208 (HSEN to heading 2208 , third paragraph, item 16).
6.
Product put up for retail sale in a spray bottle of 30 ml volume, with an alcoholic strength by volume of 20 %, containing
—
hydro alcoholic extract of propolis
86,75 %
—
honey
13 %
—
natural flavouring (lemon)
0,1 %
—
xanthan gum
0,1 %
—
lemon ( Citrus limonum ) essential oil
0,05 %
The product is packaged as a mouth spray for oral hygiene. It is sprayed directly into the mouth.
3306 90 00
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Section VI, Note 3 to Chapter 33, and by the wording of CN codes 3306 and 3306 90 00 .
The product is put up in a form clearly specialised to be used for oral hygiene (HSEN to Chapter 33, General, fourth paragraph, item (b)).

Commission Regulation (EC) No 1114/2006 of 20 July 2006 concerning the classification of certain goods in the Combined Nomenclature

Schedules & Appendices

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