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Document 61990CJ0338

Summary of the Judgment

Keywords
Summary

Keywords

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Common Customs tariff - Amendment or suspension of import duty - Description of the products concerned - Interpretation - Criteria - "Reed switches containing not more than a small quantity of mercury" - Reed switches containing no mercury - Inclusion

(Council Regulations No 3696/88, Art. 1, and No 1656/89, Art. 1)

Summary

The ambiguous wording used in the Annex to Regulations No 3696/88 and No 1656/89, both temporarily suspending the autonomous Common Customs Tariff duty on certain industrial products (in the microelectronics and related sectors), namely (CN Code ex 8536 5000) "Reed switches in the form of a glass capsule containing not more than three electrical contacts on metal arms and a small quantity of mercury", must, in view of the fact that duty was suspended because of inadequate production within the Community of switches containing little or no mercury and because of the need for such products to be available to user industries in the Community, whereas Community production of switches containing a large quantity of mercury is adequate, be interpreted as meaning that switches containing no mercury qualify for the suspension of customs duty.

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