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Commission Regulation (EEC) No 1463/87 of 26 May 1987 on the classification of goods under subheading 11.08 A I of the Common Customs Tariff Official Journal L 138 , 28/05/1987 P. 0036 - 0037

***** COMMISSION REGULATION (EEC) No 1463/87 of 26 May 1987 on the classification of goods under subheading 11.08 A I of the Common Customs Tariff THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by Regulation (EEC) No 2055/84 (2), and in particular Article 3 thereof, Whereas, to ensure uniform application of the nomenclature of the Common Customs Tariff, provision should be made for the classification of products in the form of fine, white powder consisting of: - native maize starch, or - a mixture of native maize starch and small quantities of acetylated maize starch, or - very weakly acetylated maize starch, and having the following analytical characteristics: - starch content (determined by the Ewers method): approximately 95 % or more by weight on the dry product, - acetyl content (determined by the enzyme method): not more than 0,25 % by weight on the dry product. Whereas heading No 11.08 of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (3), as last amended by Regulation (EEC) No 750/87 (4), refers inter alia to starches; Whereas heading No 39.06 refers inter alia to other high polymers, artificial resins and artificial plastic materials; Whereas the products in question, because of their characteristics (in particular the low acetyl content), cannot be regarded as goods falling within heading No 39.06; Whereas these products display or have retained the characteristics of goods falling within heading No 11.08 and must therefore be classified in that heading; whereas within that heading subheading 11.08 A I should be selected; Whereas the provisions of this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature, HAS ADOPTED THIS REGULATION: Article 1 Products in the form of a fine white powder consisting of: - native maize starch, or - a mixture of native maize starch and small quantities of acetylated maize starch, or - very weakly acetylated maize starch, and having the following analytical characteristics: - starch content (determined by the Ewers method): approximately 95 % or more by weight on the dry product, - acetyl content (determined by the enzyme method): not exceeding 0,25 % by weight on the dry product, shall be classified in the Common Customs Tariff under subheading: 11.08 Starches; inulin: A. Starches: I. Maize starch. Article 2 This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 May 1987. For the Commission COCKFIELD Vice-President (1) OJ No L 14, 21. 1. 1969, p. 1. (2) OJ No L 191, 19. 7. 1984, p. 1. (3) OJ No L 172, 22. 7. 1968, p. 1. (4) OJ No L 76, 18. 3. 1987, p. 1.

*****

COMMISSION REGULATION (EEC) No 1463/87

of 26 May 1987

on the classification of goods under subheading 11.08 A I of the Common Customs Tariff

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (1), as last amended by Regulation (EEC) No 2055/84 (2), and in particular Article 3 thereof,

Whereas, to ensure uniform application of the nomenclature of the Common Customs Tariff, provision should be made for the classification of products in the form of fine, white powder consisting of:

- native maize starch, or

- a mixture of native maize starch and small quantities of acetylated maize starch, or

- very weakly acetylated maize starch,

and having the following analytical characteristics:

- starch content (determined by the Ewers method): approximately 95 % or more by weight on the dry product,

- acetyl content (determined by the enzyme method): not more than 0,25 % by weight on the dry product.

Whereas heading No 11.08 of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (3), as last amended by Regulation (EEC) No 750/87 (4), refers inter alia to starches;

Whereas heading No 39.06 refers inter alia to other high polymers, artificial resins and artificial plastic materials;

Whereas the products in question, because of their characteristics (in particular the low acetyl content), cannot be regarded as goods falling within heading No 39.06;

Whereas these products display or have retained the characteristics of goods falling within heading No 11.08 and must therefore be classified in that heading; whereas within that heading subheading 11.08 A I should be selected;

Whereas the provisions of this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,

HAS ADOPTED THIS REGULATION:

Products in the form of a fine white powder consisting of:

- native maize starch, or

- a mixture of native maize starch and small quantities of acetylated maize starch, or

- very weakly acetylated maize starch,

and having the following analytical characteristics:

- starch content (determined by the Ewers method): approximately 95 % or more by weight on the dry product,

- acetyl content (determined by the enzyme method): not exceeding 0,25 % by weight on the dry product,

shall be classified in the Common Customs Tariff under subheading:

11.08 Starches; inulin:

A. Starches:

I. Maize starch.

Article 2

This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 26 May 1987.

For the Commission

COCKFIELD

Vice-President

(1) OJ No L 14, 21. 1. 1969, p. 1.

(2) OJ No L 191, 19. 7. 1984, p. 1.

(3) OJ No L 172, 22. 7. 1968, p. 1.

(4) OJ No L 76, 18. 3. 1987, p. 1.