EUROPEAN COMMISSION

Brussels, 21.8.2020

COM(2020) 427 final

2020/0201(NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the 66th session of the Harmonized System Committee of the World Customs Organization in relation to the envisaged adoption of Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonized System Convention

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf in the 66th session of the Harmonized System Committee (HSC) of the World Customs Organization in September 2020.

2.Context of the proposal

2.1.The International Convention on the Harmonized Commodity Description and Coding System

The International Convention on the Harmonized Commodity Description and Coding System aims to facilitate international trade and the collection, comparison and analysis of statistics, in particular those on international trade. It includes as an Annex the HS Nomenclature which is an international harmonized system enabling participating countries to classify traded goods on a common basis for customs purposes. In particular, the HS Nomenclature includes the description of the goods, which appear as headings and subheadings, and their related numerical codes, based on a 6-digit code system. The HS Nomenclature is revised every five years 1 . It is applied by more than 190 administrations worldwide; consequently, more than 98% of all goods traded in the world are classified according to it.

The Agreement entered into force on 1 January 1988.

The European Union and all Member States are parties to the Agreement 2 .

2.2.The World Customs Organization (WCO)

The World Customs Organization (WCO), established in 1952 as the Customs Co-operation Council, is an independent intergovernmental body whose mission is to enhance the effectiveness and efficiency of Customs administrations. It represents 183 Customs administrations across the globe. The WCO’s governing body is the Council. The Union exercises rights and obligations akin to membership ad interim in the WCO pending the entry into force of the amendment of the Convention establishing a Customs Co-operation Council.

The WCO’s governing body is the WCO Council, which relies on the competence and skills of a Secretariat and a range of technical and advisory committees to accomplish its mission.

The Harmonised System Committee (HSC) is a technical committee in charge of preparatory work related to the HS Convention. The main tasks of the HSC are the following:

·To prepare Explanatory Notes, Classification Opinions or other advices as guidance to the interpretation of the Harmonized System, and exercising such other functions in relation to the Harmonized System as the WCO Council or the Contracting Parties may deem necessary.

·To prepare recommendations to secure uniformity in the interpretation and application of the Harmonized System legal texts, including by settling classification disputes between Contracting Parties, thus facilitating trade;

·To propose amendments and updates to the Harmonized System to reflect developments in technology and changes in trade patterns as well as other needs of Harmonized System users;

·To promote widespread application of the Harmonized System and examine general questions and policy matters relating to it.

The Union and its Member States alltogether have only one vote in the HSC. HSC decisions concerning matters covered by this framework decision are taken by simple majority.

Pursuant to Article 8(2) of the HS Convention, Explanatory Notes, Classification Opinions, other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation and application of the Harmonized System, prepared during a session of the HSC, are deemed to be approved by the WCO Council if, not later than the end of the second month following the month during which the session at which they were adopted was closed, no Contracting Party to the HS Convention has notified the WCO Secretary General that it requests that such matter be referred to the WCO Council.

2.3.The envisaged acts

In accordance with Article 6(2) of the HS Convention, the HSC normally meets twice a year. In practice, HSC meetings take place in March and September.

The proposed decision concerns the following acts, which are considered and provisionally adopted by the HSC, subject to approval by the WCO Council through a “silence procedure”:

(a)Explanatory Notes, that clarify the interpretation of the notes, headings and subheadings of the HS Nomenclature,

(b)Classification Opinions, that reflect the decisions taken by the HSC as regards the classification of specific products,

(c)Other advice and recommendations concerning the classification of goods in the HS Nomenclature, such as classification decisions or other guidance adopted by the HSC.

In accordance with Article 34 7.(a)(iii) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 3 , the customs authorities of the Member States shall revoke their decisions relating to binding tariff information (BTI decisions) where they are no longer compatible with the interpretation of the HS Nomenclature resulting from classification decisions, classification opinions or amendments of the explanatory notes to the HS Nomenclature, with effect from the date of publication of the Commission Communication in the 'C' series of the Official Journal of the European Union.

3.Position to be taken on the Union's behalf

3.1.Practical constraints in the preparation and adoption of EU positions

The WCO Harmonized System Committee adopts Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes (HSEN) or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonised System Convention at each of its two annual sessions.

From a practical point of view, there is normally not sufficient time for the Union to formally adopt a position under Article 218(9) TFEU before each meeting of the HSC. Therefore, a proposal for a framework Council Decision on the position to be taken on the Union’s behalf in the WCO for HS matters 4 has been submitted by the Commission and is currently pending in the Council.

However, because of the COVID – 19 outbreaks, the WCO Secretariat has informed that the meeting of September 2020 will be held via written online discussions. Despite the fact that the agenda of this meeting is not available yet, and the organisation and format of discussions are not yet known, it is expected that the items on the agenda of the preceding meeting (HSC/65 – March 2020), that was cancelled by the WCO due to global pandemic situation, will most likely be included in the agenda of the September meeting.

In view of the number of items for which the HSC will be asked to take a decision at this meeting, and their binding legal effects on Union law, it is considered that a Council decision under Article 218(9) TFEU, which establishes the Union’s position for the items with respect to which it is already known that the HSC will be called upon to decide (i.e. Explanatory Notes, classification opinions and classification decisions, guidance or other advice on the interpretation of the Harmonized System), is necessary.

Other items that may be included later on in the agenda of the HSC will be dealt with at a later stage.

3.2.Purpose and content of the proposal

The decisions at issue prepared by the HSC are capable of decisively influencing the content of Union law, namely, Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, and the Combined Nomenclature (CN) annexed thereto. Classification decisions, classification opinions or amendments of the explanatory notes to the HS Nomenclature are used in support of the classification provided for in Commission Implementing Regulations concerning the classification of goods in the CN, in the explanatory notes to the CN and in the classification decisions issued by the customs authorities of the Member States. Customs authorities of the Member States are required to revoke their classification decisions where they are no longer compatible with the interpretation of the HS Nomenclature resulting from these classification decisions, classification opinions, or amendments to the HS Explanatory Notes.

It is therefore appropriate that the position to be taken on the Union's behalf in the WCO are established by a Council Decision adopted under Article 218(9) TFEU on the basis of a Commission proposal.

The establishment of such positions has been guided by the general criteria defined by the HS Convention (the general rules for the interpretation of the HS) and the objective characteristics and properties of the goods.

The proposed position aims at expressing the position of the Union with respect to the classification of goods in the HS Nomenclature. It also aims at expressing a position with respect to Classification Opinions and HS Explanatory Notes prepared by the HSC.

Consultation of technical experts from Member States was carried out in the Customs Expert Group on 3-5 March 2020. The conclusions of the CEG are in line with the suggested positions, which can be found in the Annex to the draft proposal for a Council Decision.

The proposed EU position is also in line with the established Customs policy and the case law of the Court of Justice of the European Union to classify goods at importation according to their objective characteristics and properties.

The proposed position is necessary so that the EU is able to express a position at the next HSC meeting.

4.Legal basis

4.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement.’

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature’ 5 .

Therefore, the procedural legal basis for the proposed decision establishing the position to be taken on behalf of the Union within the WCO, with regard to the adoption of Explanatory Notes, Classification Opinions or other advices as guidance to the interpretation of the HS under the HS Convention is Article 218(9) TFEU.

4.2.Application to the present case

The Harmonized System Committee and WCO Council are bodies set up by an agreement, namely the International Convention on the Harmonized Commodity Description and Coding System.

The acts which the HSC is called upon to prepare constitute acts having legal effects. The envisaged acts, once approved by the WCO Council, are capable of decisively influencing the content of EU legislation, namely: Annex 1 to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. This is because Article 34.7.(a)(iii) of the Union Customs Code 6 states that “customs authorities shall revoke their BTI 7 decisions… where they are no longer compatible with the interpretation…resulting from…classification decisions, classification opinions or amendments of the explanatory notes to the Nomenclature of the Harmonized Commodity Description and Coding System adopted by the HS Committee;". Furthermore, such decisions prepared by the HSC (classification decisions, classification opinions or amendments of the explanatory notes to the HS Nomenclature) are used in support of the classification provided for in Commission Implementing Regulations concerning the classification of goods in the Combined Nomenclature (CN), in the explanatory notes to the CN and in the classification decisions issued by the customs authorities of the Member States. The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.3.Substantive legal basis

4.3.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, whereas the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

4.3.2.Application to the present case

As the main objective and content of the envisaged act relate to the Common Customs Tariff, the substantive legal basis of the proposed decision is Articles 31, 43(2) and 207(4) TFEU.

4.4.Conclusion

The legal basis of the proposed decision should be Articles 31, 43(2) and 207(4) TFEU, in conjunction with Article 218(9) TFEU.

5.Budgetary implications

The proposal has no implication for the European Union budget.

6.Publication of the envisaged act

None

2020/0201 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union in the 66th session of the Harmonized System Committee of the World Customs Organization in relation to the envisaged adoption of Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonized System Convention

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 31, 43(2) and the first sub-paragraph of Article 207(4) TFEU, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)By Council Decision 87/369/EEC 8 the Union approved the International Convention on the Harmonized Commodity Description and Coding System, and the Protocol of Amendment thereto 9 (HS Convention), which established the Harmonized System Committee (HSC).

(2)Pursuant to Article 7(1) b) and c) of the HS Convention, the HSC is, inter alia, responsible for preparing Explanatory Notes, Classification Opinions, other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation and application of the Harmonized System.

(3)The Harmonized System Committee is expected to decide on Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonised System Convention at its September session.

(4)It is important to recall that according to the settled case law of the Court of Justice of the European Union, in the interests of legal certainty and ease of verification, the decisive criterion for the classification of goods for customs purposes is in general to be sought in their objective characteristics and properties as defined in the wording of the relevant heading of the customs nomenclature and the relative section and chapter notes.

(5)In view of the Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonised System Convention, it is appropriate to establish the position to be taken on the Union's behalf, as, once accepted, the Classification Opinions, certain classification decisions and amendments to HS Explanatory Notes will be published in the Commission Communication under article 34 paragraph 7 a) iii) of Regulation (EU) 952/2013 of the European Parliament and of the Council of 9th October 2013, and become applicable to all Member States. The position will be expressed at the Harmonized System Committee.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf in the 66th session of the Harmonized System Committee of the World Customs Organization on the approval of Explanatory Notes, Classification Opinions or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonised System Convention, is set out in the Annex.

Article 2

Minor changes to the position referred to in Article 1 may be agreed upon without further decision of the Council.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

(1)    Since when it was introduced, in 1988, the HS Nomenclature has been revised six times. These revisions entered into force in 1996, 2002, 2007, 2012 and 2017. The sixth revision will enter into force in 2022.

(2)    Council Decision 87/369 of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto (OJ L 198 of 20.7.1987, p.1).

(3)    OJ L 269 of 10.10.2013, p. 1.

(4)    COM(2020)196

(5)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, Case C-399/12, ECLI:EU:C:2014:2258, paragraphs 61to 64.

(6)    Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, OJEU L 269 of 10.10.2013, p. 1.

(7)    Binding tariff information: classification decisions delivered in advance by customs administrations to economic operators, to ensure legal certainty about the classification and tariff treatment applicable to goods subject to importation or exportation. 

(8)    Council Decision 87/369/EEC of 7 April 1987 concerning the conclusion of the International Convention on the Harmonized Commodity Description and Coding System and of the Protocol of Amendment thereto ( OJ L 198, 20.7.1987, p. 1 ).

(9)    OJ L 198, 20.7.1987, p. 3

EUROPEAN COMMISSION

Brussels, 21.8.2020

COM(2020) 427 final

ANNEX

to the

Proposal for a Council Decision

on the position to be taken on behalf of the European Union in the 66th session of the Harmonized System Committee of the World Customs Organization in relation to the envisaged adoption of Classification Opinions, classification decisions, amendments to the Harmonized System Explanatory Notes or other advice on the interpretation of the Harmonized System and recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonized System Convention

ANNEX

IV. REPORT OF THE SCIENTIFIC SUB-COMMITTEE: Doc. NS0456Eb (SSC/35 - report)

(1)Matters for decision (doc. NC2708Ea)

(a)Annexes A/1 and C/1 Classification of new INN products (List 120). The Union should approve the 125 classifications (HS 2017 Edition) and the 3 consequential reclassifications (HS 2022 Edition) recommended by the Scientific Sub-Committee.

(b)Annexes A/2 and C/2 – Classification of new INN products (List 121). The Union should approve the 143 classifications (HS 2017 Edition) and the 15 consequential reclassifications (HS 2022 Edition) recommended by the Scientific Sub-Committee.

(c)Annexes A/3 and C/3 – Possible reclassification of certain INN products consequential upon the Article 16 Recommendation of 23 June 2019. The Union should approve the consequential (HS 2022 Edition) reclassifications of the 143 INN products agreed to by the Scientific Sub-Committee.

(d)Annexes B/1 and C/6 – Decisions taken by the HS Committee at its 63rd and 64th Sessions and the WCO Council at its 133rd/134th Sessions, affecting the work of the SSC. The Union should approve the reclassifications of “zilucoplan” and “etryptamine” agreed by the Scientific Sub-Committee, in subheadings 2933.79 and 2939.80, respectively.

The Union shall agree to all proposed classifications as they are in line with the current classification policy in the EU.

(2)Possible amendment of the Explanatory Notes to Chapter 29 in respect to the list of narcotic drugs, psychotropic substances and precursors Doc. NC2738Ea

The Union shall agree to the proposal to amend the HSEN to Chapter 29, in line with the advice of the Scientific Sub-Committee.

V. REPORT OF THE HS REVIEW SUB-COMMITTEE (Doc. NR1403E)

(1)Matters for decision (Doc. NC2709Ea)

(a)Annexes D/6 and G/11 – Possible amendment to the Explanatory Note to heading 85.24 (HS 2022)

(b)Annexes D/7 and G/12 – Possible amendments to the HS 2022 Explanatory Notes in respect of 3D printers 

(c)Annexes E/14 and G/19 – Amendment to the Explanatory Notes to heading 70.19 in respect of glass fibres (HS 2022)

(d)Annexes E/1 to E/6, E/8 to E/13, E/15 to E/18, E/20, E/23 and G/1 to G/6, G/8, G/13 to G/18, G/21, G/22, G/24, G/27 – Possible amendment to the Explanatory Note to Sections I, II, III, IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XX and XXI.

(e)Annexes E/23 and G/27 – Amendments to the Explanatory Notes to Chapter 97 in respect of certain cultural articles (HS 2022)

(f)Annexes E/24 and G/28 – Amendments to the Explanatory Notes (GIRs)

The Union shall agree to all proposed amendments in the documents as they reflect the current classification policy in the EU.

(2)Classification in HS 2022 of certain disposable or rechargeable personal electric vaporisers (Request by the Secretariat) Doc. NC2710Eb

The Union would classify product 1 in subheading 8543.70 in the HS2017 and in subheading 8543.40 in the HS2022. Product 2 should be classified in heading 24.04 in the HS2022 using GIR 3(b), based on the essential character conferred by the e-liquid.

(3)Classification in HS 2022 of certain collections and collectors’ pieces of numismatic interest (Request by the Secretariat) Doc. NC2711Ea

The Union shall express the need for additional information on the products to determine classification.

The Union shall not agree with the proposal for amending the HSEN, pending clarification and guidance on how to differentiate between the new subheadings under heading 97.05.

(4)Classification in HS 2022 of cartridges for 3D printers (Request by the Secretariat) Doc. NC2712Ea

The Union would classify the products in Chapter 39 according to the constituent material, in line with EUCJ Case C-276/00. Additional information is needed to classify the products at subheading level. The proposed amendment to the HSEN should not be supported, as the current practice in the EU is not to classify printer cartridges as parts of printers.

(5)Classification in HS 2022 of a sheet lamination machine for additive manufacturing doc. NC2744Ea

The Union would classify the product in heading 84.85 (option II).

VI. REPORT OF THE PRESESSIONAL WORKING PARTY Doc. NC2714Ea and Annexes A to T

Subject to some editorial suggestions, the Union shall adopt the text presented in Annexes A to T with the following remarks.

(1)Amendment to the Compendium of Classification Opinions to reflect the decision to classify a product called "Milka Oreo Sandwich" in heading 18.06 (subheading 1806.32)

The Union shall suggest to delete the list of ingredients, not necessary for classification purposes.

(2)Amendment to the Compendium of Classification Opinions to reflect the decision to classify two kinds of tobacco stems ("Cut rolled expanded stem tobacco (CRES)" and "Expanded tobacco stems (ETS)") in heading 24.03 (subheading 2403.99)

The Union shall insist to keep the text “cannot be smoked directly” as it was the decisive criterion for classification.

(3)Amendment to the Compendium of Classification Opinions to reflect the decision to classify Solid Oxide Fuel Cells (SOFC) called "Bloom Energy ES-5700" in heading 85.01 (subheading 8501.62)

The Union shall suggest using the product description from the boxed text of the initial working document (doc. NC2655E1b).

VII. REQUESTS FOR RE-EXAMINATION (RESERVATIONS)

(1)Re-examination of the classification of certain dietary sip feeds (Products 1 to 5) (Request by the United States) Doc. NC2715Ea

The Union would classify the products as beverages in heading 22.02, in line with EUCJ case C-114/80 and Classification Opinions 2202.99/2-4.

(2)Re-examination of the classification of a device called "Polar M430 GPS running watch with wrist-based heart rate monitor" (Requests by the United States and Japan) Doc. NC2716Ea

The Union would classify the product in subheading 9102.12 as a wrist-watch, in line with the CNEN for heading 91.02.

(3)Re-examination of the classification of an apparatus called "Sterilizer Formaldehyde Formomat PL 349-2" (Request by Ukraine) Doc. NC2717Ea

The Union would classify the product in heading 84.19, as it is a specific heading for sterilisers. The change in temperature takes place and has an important effect on the sterilising process. The apparatus does not fulfil any mechanical functions.

(4)Re-examination of the classification of two products called "RF Generators and RF Matching Networks" (Request by Korea) Doc. NC2718Ea, NC2745Eb, NC2747Ea

The Union would classify the products in heading 84.86 because they are identifiable machines used solely or principally for the manufacture of semiconductor devices.

VIII. FURTHER STUDIES

(1)Classification of edible insects (Proposal by the Secretariat) Doc. NC2719Ea

The Union shall support possible transfers from both headings 02.10 and 04.10 for product 1. Product 2 could be transferred either from heading 04.10 or Chapter 16. Product 3 could be transferred from Chapter 16. Product 4 could be transferred either from Chapter 16 or Chapter 21.

(2)Possible amendment of the Explanatory Note to heading 27.11 to clarify the classification of liquefied petroleum gas (LPG) (Proposal by the Secretariat) Doc. NC2720Ea

The Union shall support the proposed subheading Explanatory Note to subheading 2711.19.

(3)Amendment of the Explanatory Notes to Rule 3 (b) to clarify the classification of sets Doc. NC2721Ea

The Union shall support keeping the status quo and current classification practices.

(4)Possible amendment of the Explanatory Note to heading 91.02 Doc. NC2722Ea

The Union would prefer to wait for a definitive decision on the classification of “Polar watch” (see point VII.2) before advancing with amending the HSEN.

(5)Possible amendment of the Explanatory Note to heading 87.03 in relation to micro hybrid vehicles Doc. NC2723Ea

The Union shall support the amendment of the HSEN as it clarifies the classification of the new type of vehicles.

(6)Classification of mild hybrid vehicles Doc. NC2724Ea

The Union would classify the product in subheading 8703.40, as the electric motor is designed to give the vehicle a boost by supporting the engine operation.

(7)Classification of a product called "DIMODAN HP M" (Request by Ecuador) Doc. NC2725Ea

The Union would classify the product in heading 34.04, as the laboratory analysis confirmed that the product had a waxy character.

(8)Possible amendment of the Explanatory Note to heading 95.03 (Proposal by the EU) Doc. NC2667Ea, NC2667Ea

The Union shall remain flexible to any additional editorial comments on the original EU proposal.

(9)Possible amendment of the Explanatory Note to heading 95.05 (Proposal by the EU) Doc. NC2668Ea, NC2668Ea

The Union shall remain flexible to any additional editorial comments on the original EU proposal.

(10)Classification of certain essential oils put up for retail sale (Request by Costa Rica) Doc. NC2672Ea

The Union would classify the product in heading 33.01. This product is a lavender essential oil containing monoterpene alcohols, thus it is not deterpenated and it is covered by heading 33.01. It is obtained by steam distillation process thus compliant with the HSEN to heading 33.01.

(11)Classification of two floor polishers called "Galaxy Floor Machine 1500, 1.5 HP, NSS brand' and 'Galaxy Floor Machine, 1 HP, NSS brand" (Request by Costa Rica) Doc. NC2673Ea

The Union would classify the products in heading 84.79. Due to their technical characteristics, they are not of the kind commonly used for domestic purposes and considering Note 4 (a) to Chapter 85 they should be classified in heading 84.79.

(12)Classification of a "Self-Propelled Articulated Boom Lift" (Request by Korea) Doc. NC2674Ea

The Union would classify the product in heading 84.28 based on Regulation 738/2000 for a similar product.

(13)Classification of certain food preparations (Request by the United States) Doc. NC2676Ea, NC2742Ea

The Union shall request additional information on all four products concerned to determine classification.

Product 1: protein contents. If very high (over 85%), heading 35.04 could be considered. Based on current information, the product could be classified in subheading 2106.10 in line with Classification opinion 2106.90/5.

Product 2: the Union would classify it in heading 22.02 if directly drinkable, or heading 21.06 if to be diluted before drinking.

Product 3: the Union would classify it in subheading 2101.20, however, additional information about the caffeine content would be helpful.

Product 4: the product description is confusing, as it is not clear what the main ingredient is. If containing cocoa, it could be classified in heading 18.06, if not 19.05.

(14)Classification of a "cutter/ripper" (Request by the Russian Federation) Doc. NC2677Ea

The Union shall note that the machine having many functions makes classification difficult to determine, and that it could be classified both in headings 84.30 or 84.32, thus in heading 84.32, using GIR 3(c).

(15)Classification of certain new pneumatic tyres, of rubber, intended for vehicles used for the transportation of goods in construction, mining or industry (Request by the Russian Federation) Doc. NC2678Ea, NC2748Ea

The Union shall share the WCO Secretariat’s advice, and classify both products in subheading 4011.20.

(16)Classification of certain preparations of a kind used in animal feeding (Request by Canada) Doc. NC2679Ea, NC2743Ea

Based on the EUCJ ruling in case C-144/15, the EU would classify the product in heading 23.09.

(17)Classification of a product called "Tracing Light Box" (Request by Japan) Doc. NC2681Ea

The Union would classify the product in heading 94.05, as it has a multi-use function and is not equipped with any drawing instruments.

(18)Classification of an electronic speed controller called "KEB COMBIVERT F5" (Request by Tunisia) Doc. NC2682Ea

The Union would classify the product in heading 85.04, as suggested by the WCO Secretariat.

(19)Possible amendment of the Explanatory Note to heading 27.10 (Proposal by Japan) Doc. NC2641Ea, NC2739Ea

The Union shall refrain to participate to discussions as the classification opinion from which this amendment stems cannot be applied in the EU due to the EUCJ ruling in case C-330/13. It would be better to think about amending the HS in the future, and rearranging Note 2 to Chapter 27.

(20)Possible misalignment between the English and French texts in the Explanatory Note to heading 85.01 Doc. NC2688Ea

The Union shall agree to the proposed amendment to use the term “onduleur” as in other parts of the HS Nomenclature.

IX. NEW QUESTIONS

(1)Classification of certain on-street garbage containers (Request by Tunisia) Doc. NC2726Ea

The Union would classify the products in heading 39.26 due to the larger size of the containers, not for domestic use. The Union note that the product description should include the capacity of the containers in litres.

(2)Classification of certain food preparations in liquid form (Request by Tunisia) Doc. NC2727Ea

The Union shall request more information concerning the contents of the products (water or juice, oily substances, other ingredients in addition to vitamins, dosage).

(3)Classification of two products containing cannabidiol (CBD) called "FREYHERR" and "CANABIGAL" (Request by the Secretariat) Doc. NC2728Ea

The Union shall propose to send the matter to the Scientific Sub-Committee, requesting information on (i) whether the products have enough active ingredients to give a therapeutic or prophylactic effect, and (ii) the minimum amount of CBD as active ingredient in any product to have a therapeutic or prophylactic effect.

(4)Classification of dried fish subsequently treated with water (rehydrated dried fish) (Request by Norway) Doc. NC2729Ea

The Union could classify the product in Chapter 3, but more information is needed concerning if the flavour, texture of product were those of dried or fresh fish.

(5)Classification of certain steam boiling generators for steam rooms (Request by Egypt) Doc. NC2730Ea

The Union would classify the products in heading 84.02 as proposed by the WCO Secretariat, in line with the heading text and HSEN to heading 84.02.

(6)Classification of a product called "Soy bean flakes" (Request by Madagascar) Doc. NC2731Ea

The Union would classify the product in heading 23.04, similar to the product of Classification Opinion 2304.00/1.

(7)Classification of a 2-burner ethanol stove (Request by Kenya) Doc. NC2732Ea

The Union would classify the product in subheading 7321.12., as ethanol fuel is in liquid form at room temperature and fits therefore with the subheading text.

(8)Classification of an interactive kiosk for receiving complaints (Request by Egypt) Doc. NC2733Ea

The Union shall request additional information: whether the product could function and how with an USB device, or whether it can be used only via touch screen.

XI. ADDITIONAL LIST

(1)Classification of a product called "baby corn cobs" (Request by the EU) Doc. NC2736Ea

The Union has requested a Classification Opinion.

(2)Classification of a diesel power generating set with dual power rating (Request by Ghana) Doc. NC2737Ea

The Union would classify the product in subheading 8502.13.

(3)Classification of a TFT-LCD module (Request by Korea) Doc. NC2740Ea

In line with Commission Regulation (EC) 957/2006, Commission Implementing Regulations (EU) No 1201/2011 and No 1202/2011, and considering Note 2 (b) to Section XVI, the Union would classify the product in subheading 8529.90.

(4)Deletion of Classification Opinions 8528.69/1 and 8528.69/2 Doc. NC2741Ea

As the products are not anymore on the market, the Union shall support the deletion of those Classification Opinions.

(5)Classification of a product called "partially defatted coconut powder" (Request from EU) Doc. NC2746Ea

The Union has requested a Classification Opinion.