Commission Regulation (EU) No 42/2010 of 15 January 2010 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Regulation (EU) No 42/2010
• 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 its publication in the Official Journal of the European Union .

Schedules & Appendices

ANNEX

ANNEX

Description of goods

Classification (CN code)

Reasons

(1)

(2)

(3)

Product consisting of (% by weight):

—

barley grass, powdered

28,8

—

honey

27,5

—

wheatgrass, powdered

21,5

—

alfalfa, powdered

21,5

—

stearic acid

0,4

—

pepper

0,25

—

chromium picolinate

0,01

(corresponds to 8,7 μg Cr per tablet)

The product is presented for retail sale, in tablet form and used as a food supplement (one tablet twice a day).

2106 90 98

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106 , 2106 90 and 2106 90 98 .

The product does not meet the requirements of Note 2(b)(2) to Chapter 19 because of its composition, presentation and use as a food supplement.

The product does not meet the requirements of Additional Note 1 to Chapter 30 as no statements on the use for specific diseases or the concentration of active substances are given. It should therefore not be considered as herbal medicinal preparation within the meaning of heading 3004 .

The product is therefore considered to be covered by the terms of heading 2106 as a food preparation not elsewhere specified or included and is used as dietary supplement indicated to maintain general health or well-being. (See also HSEN to heading 2106 , second paragraph, number 16).