Commission Regulation (EC) No 446/2009 of 14 May 2009 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Regulation (EC) No 446/2009
• Articles: 4

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 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 under Article 12(6) of Regulation (EEC) No 2913/92.

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 .

Schedules & Appendices

ANNEX

ANNEX

Description of goods

Classification

(CN Code)

Reasons

(1)

(2)

(3)

White shelled and skinned groundnuts (blanched peanuts).

The shelled groundnuts are blanched by passing through a gas oven with four heating zones, where the kernels are steamed by being sprayed with 88-93 °C hot water vapour, before being passed through two cooling zones.

The gradual increase in temperature of the kernels causes them to expand and thereby loosen the red skin from the kernel. The skin is subsequently removed by mechanical means.

The groundnuts, which have not been treated beyond the removal of the skin, are presented in bulk or in ‘big bags’ of approximately 1 000  kg.

1202 20 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 1202 and 1202 20 00 .

The blanching of the groundnuts is to be regarded as heat treatment designed mainly to remove the red skin from the kernel and thus facilitate their use. Such treatment does not alter the character of the groundnuts as natural products and does not make them suitable for a specific use rather than for general use (see also the Harmonized System Explanatory Notes to Chapter 12, General, second paragraph).

The product is therefore to be classified under heading 1202 .