Commission Implementing Regulation (EU) No 279/2013 of 19 March 2013 concerning the classification of certain goods in the Combined Nomenclature

• CELEX: Implementing Regulation (EU) No 279/2013
• 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 the goods

Classification

(CN code)

Reasons

(1)

(2)

(3)

A flexible tube made of polyamide with a transparent tail end, reinforced inside with a fine wire braiding which is an integral part of the tube. The tube is 125,5 cm long and has an outside diameter of 2,8 mm.

The tube is not sterilised upon presentation. It is presented uncoiled, in a double packaging.

The tube is intended to be used by medical professionals to insert a ‘stent’ into the human body. The tube is not left in the body after use.

3917 39 00

Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 8 to Chapter 39 and by the wording of CN codes 3917 and 3917 39 00 .

Given its objective characteristics and properties, the goods meet the terms of heading 3917 and fulfil the requirements of Note 8 to Chapter 39.

The intended use of the tube is not inherent to its objective characteristics as, upon presentation, the tube cannot be identified as an instrument or appliance used in medical sciences. Consequently, classification under heading 9018 is excluded.

It is therefore to be classified under CN code 3917 39 00 as other tubes of plastics.