Commission Regulation (EC) No 609/2009 of 8 July 2009 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Regulation (EC) No 609/2009
• 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 20th day following that of its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Description of the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

Product in granular form consisting of (% by weight):

—

anhydrous betaine

95,8

—

water

1,5

—

calcium stearate (anti-caking agent)

1,0

and the rest being impurities.

The product is used in preparations of a kind used in animal feeding.

2923 90 00

Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1(a) and 1(f) to Chapter 29 and the wording of CN codes 2923 and 2923 90 00 .

The product contains besides anhydrous betaine and water only calcium stearate (anti-caking agent) and impurities and consequently meets the wording of Notes 1(a) and 1(f) to Chapter 29.

Betaine is not a vitamin or a provitamin of heading 2936 . It is a quarternary intramolecular ammonium salt [see also the Harmonized System Explanatory Notes (HS EN) to heading 2923 , fourth paragraph (6)]. Consequently, the product is to be classified in heading 2923 .