The Annex to Regulation (EU) No 42/2010 is replaced by the following:
‘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 .
Since the product does not meet the requirements of Note 2(b)(2) to Chapter 19 because of its composition, classification under Chapter 19 is excluded.
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)).’