8.4.2010   

EN

Official Journal of the European Union

C 90/3


Explanatory Notes to the Combined Nomenclature of the European Communities

2010/C 90/05

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

On page 377:

8712 00   Bicycles and other cycles (including delivery tricycles), not motorised

The second paragraph of the existing text is replaced by the following:

‘An incomplete bicycle, whether or not assembled, is to be classified under heading 8712 if it consists of the frame, the fork and at least two of the following components:

a set of wheels,

a crank-gear (see the Explanatory Notes to subheading 8714 96 30),

a steering unit (including handlebar and handlebar stems),

a brake system.’

On page 379, the following text is inserted:

‘8714 96 30   Crank-gear

A crank gear normally consists of:

a bracket bearing axle (see image 1),

one or several gearings (also referred to as sprockets, chain-rings or chain-wheels) usually attached to the right crank/pedal arm (see image 2), and

a left crank/pedal arm (see image 3).

By application of General Interpretative Rule 2(a) of the Combined Nomenclature, an article remains classified as an incomplete article, whether or not assembled, under this subheading, for example, when it consists of:

one or several gearings usually attached to the right crank/pedal arm,

one or several gearings usually attached to the right crank/pedal arm and the left crank/pedal arm,

or

one or several gearings usually attached to the right crank/pedal arm and the bracket bearing axle.’

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(1)  OJ L 256, 7.9.1987, p. 1.

(2)  OJ C 133, 30.5.2008, p. 1.