ERZEUGNISSE DER CHEMISCHEN INDUSTRIE UND VERWANDTER INDUSTRIEN > PHARMAZEUTISCHE ERZEUGNISSE > Arzneiwaren (ausgenommen Erzeugnisse der Position|3002, 3005|oder 3006), die aus gemischten oder ungemischten Erzeugnissen zu therapeutischen oder prophylaktischen Zwecken bestehen, dosiert (einschließlich solcher, die über die Haut verabreicht werden) oder in Aufmachungen für den Einzelverkauf
1. This chapter does not cover: (a) foods or beverages (such as dietetic, diabetic or fortified foods, food supplements, tonic beverages and mineral waters), other than nutritional preparations for intravenous administration (Section IV); (b) preparations such as tablets, chewing gum or patches which are intended to help smokers stop smoking (heading 2106 or 3824); (c) plasters specially calcined or finely ground for use in dentistry (heading 2520); (d) aqueous distillates or aqueous solutions of essential oils, suitable for medicinal uses (heading 3301); (e) preparations of headings 3303 to 3307, even if they have therapeutic or prophylactic properties; (f) soap or other products of heading 3401 containing added medicaments; (g) preparations with a basis of plaster for use in dentistry (heading 3407); (h) albumin not prepared for therapeutic or prophylactic uses (heading 3502). 2. For the purposes of heading 3002, 'immunological products' applies when such products are used directly on patients for therapeutic or prophylactic purposes, including monoclonal antibodies (MAbs), antibody fragments, antibody conjugates and antibody fragment conjugates. 3. For the purposes of headings 3003 and 3004, the following are to be treated as: (a) 'unmixed products': unmixed products dissolved in water; all goods of Chapters 28 or 29; and simple vegetable extracts of heading 1302, merely standardised or dissolved in any solvent; (b) 'mixed products': colloidal solutions and suspensions; mixtures obtained from extraction of vegetable substances or of animal substances; and products of Note 3(a) to which substances have been added. 4. Heading 3006 applies only to: sterile surgical catgut and similar sterile suture materials; sterile laminaria and sterile laminaria tents; sterile absorbable surgical or dental haemostatics; opacifying preparations for X-ray examinations and diagnostic reagents designed to be administered to the patient; blood-grouping reagents; dental cements and other dental fillings; bone reconstruction cements; first-aid boxes and kits; chemical contraceptive preparations based on hormones, on other products of heading 2937 or on spermicides; gel preparations designed to be used in human or veterinary medicine as a lubricant for parts of the body for surgical operations or physical examinations or as a coupling agent between the body and medical instruments; pharmaceutical waste.
1. (A) Products (other than radioactive ores) answering to a description in heading 2844 or 2845 are to be classified in those headings and in no other heading of the Nomenclature. (B) Subject to paragraph (A) above, products answering to a description in heading 2843, 2846 or 2852 are to be classified in those headings and in no other heading of this Section. 2. Subject to Note 1 above, products classifiable in heading 3004, 3005, 3006, 3212, 3303, 3304, 3305, 3306, 3307, 3506, 3707 or 3808 by reason of being put up in measured doses or for retail sale are to be classified in those headings and in no other heading of the Nomenclature. 3. Goods put up in sets consisting of two or more separate constituents, some or all of which fall in this Section and are intended to be mixed together to obtain a product of Section VI or VII, are to be classified in the heading appropriate to that product, provided that the constituents are: (a) having regard to the manner in which they are put up, clearly identifiable as being intended for use together without first being repacked; (b) presented together; and (c) identifiable, whether by their nature or by the relative proportions in which they are present, as being complementary one to another.
Quelle: Europäische Kommission - Erläuterungen zur KN (ENKN) und HS-Anmerkungen.
C-941/19
10 Mar 2021Samohýl group a.s. v Generální ředitelství cel
On those grounds, the Court (Ninth Chamber) hereby rules: The Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, in the version resulting from Commission Implementing Regulation (EU) No 1101/2014 of 16 October 2014, must be interpreted as meaning that a product consisting of a solution intended for cats, which must be applied by local cutaneous route (spot-on) by means of pipettes (0.5ml) and which contains the active substance fipronil (50 mg per pipette), and excipients, such as butylated hydroxyanisole E 320, butylated hydroxytoluene E 321, benzyl alcohol and diethylene glycol monoethyl ether, comes within tariff heading 3808 of the CN, as an ‘insecticide’, subject to the assessment by the referring court of all the facts at its disposal. [Signatures] ( *1 ) Language of the case: Czech.
C-124/15
17 Feb 2016Salutas Pharma GmbH v Hauptzollamt Hannover
Judgment of the Court (First Chamber) of 17 February 2016.#Salutas Pharma GmbH v Hauptzollamt Hannover.#Reference for a preliminary ruling — Common Customs Tariff — Tariff classification — Combined Nomenclature — Heading 3004 — Effervescent tablets containing 500 mg of calcium — Level of substance per recommended daily dose significantly higher than the recommended daily allowance to maintain general health or well-being).#Case C-124/15.
C‑267/13
30 Apr 2014Nutricia NV v Staatssecretaris van Financiën
On those grounds, the Court (Sixth Chamber) hereby rules: Tariff heading 3004 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended by Commission Regulation (EC) No 1549/2006 of 17 October 2006, must be interpreted as meaning that the term ‘medicaments’ within the meaning of that heading includes food preparations intended exclusively to be administered enterally (by means of a stomach tube) under medical supervision to persons who are receiving medical care, provided that that product is administered, as part of the control of the disease or ailment affecting them, in order to prevent or control their malnutrition. [Signatures] ( *1 ) Language of the case: Dutch.