UNEDLE METALLE UND WAREN DARAUS > WAREN AUS EISEN ODER STAHL > Litzen, Kabel, Seile, Seilschlingen und ähnliche Waren, aus Eisen oder Stahl, ausgenommen isolierte Erzeugnisse für die Elektrotechnik
1. This Section does not cover: (a) prepared paints, inks or other products with a basis of metallic flakes or powder (headings 3207 to 3210, 3212, 3213 or 3215); (b) ferrocerium or other pyrophoric alloys (heading 3606); (c) headgear or parts thereof of heading 6506 or 6507; (d) umbrella frames or other articles of Chapter 66; (e) goods of Chapter 71 (for example, precious metal alloys, base metal clad with precious metal, imitation jewellery); (f) articles of Section XVI (machinery and mechanical appliances, electrical equipment); (g) assembled railway or tramway track (heading 8608) or other articles of Section XVII (vehicles, aircraft, vessels); (h) instruments or apparatus of Section XVIII, including clock or watch springs; (ij) lead shot prepared for ammunition (heading 9306) or other articles of Section XIX (arms and ammunition); (k) articles of Chapter 94 (furniture, lamps, illuminated signs, prefabricated buildings); (l) articles of Chapter 95 (toys, games, sports requisites); (m) hand sieves, buttons, pens, pencils, pen-holders, monopods, bipods, tripods and similar articles or other articles of Chapter 96; (n) articles of Chapter 97 (works of art). 2. Throughout the Nomenclature, the expression 'parts of general use' means: (a) articles of heading 7307, 7312, 7315, 7317 or 7318 and similar articles of other base metal; (b) springs and leaves for springs, of base metal, other than clock or watch springs (heading 9114); (c) articles of headings 8301, 8302, 8308, 8310 and frames and mirrors, of base metal, of heading 8306. In Chapters 73 to 76 and 78 to 82, references to parts of goods do not include references to parts of general use as defined above. 3. Throughout the Nomenclature, the expression 'base metals' means: iron and steel, copper, nickel, aluminium, lead, zinc, tin, tungsten (wolfram), molybdenum, tantalum, magnesium, cobalt, bismuth, cadmium, titanium, zirconium, antimony, manganese, beryllium, chromium, germanium, vanadium, gallium, hafnium (celtium), indium, niobium (columbium), rhenium and thallium. 4. Throughout the Nomenclature, the term 'cermets' means products containing a microscopic heterogeneous combination of a metallic component and a ceramic component, including sintered metal carbides. 5. Classification of alloys (other than ferro-alloys and master alloys as defined in Chapters 72 and 74): alloys of base metals with each other are to be classified as alloys of the metal which predominates by weight over each of the other metals. Alloys of base metals not elsewhere specified or included are to be classified as articles of the metal predominating by weight.
Quelle: Europäische Kommission - Erläuterungen zur KN (ENKN) und HS-Anmerkungen.
C‑558/11
15 Nov 2012SIA Kurcums Metal v Valsts ieņēmumu dienests
On those grounds, the Court (Eighth Chamber) hereby rules: 1. Subheading 5607 49 11 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 cables such as those at issue in the main proceedings, which consist of both polypropylene and wound steel thread, do not fall as such within that subheading. 2. General rule 3(b) for the interpretation of the Combined Nomenclature in Annex I to Regulation No 2658/87, as amended by Regulation No 1549/2006, must be interpreted as meaning that the tariff classification of cables such as those at issue in the main proceedings is not to be carried out pursuant to that rule, subject to verification by the referring court, in the light of all the elements of fact placed before it, that neither of the two materials of which those cables are composed in itself gives those cables their essential character. 3. Article 1 of Council Regulation (EC) No 1601/2001 of 2 August 2001 imposing a definitive anti-dumping duty and definitively collecting the provisional anti-dumping duty imposed on imports of certain iron or steel ropes and cables originating in the Czech Republic, Russia, Thailand and Turkey must be interpreted as meaning that cables such as those at issue in the main proceedings, on the assumption that they are covered by subheading 7312 10 98 of the Combined Nomenclature in Annex I to Regulation No 2658/87, as amended by Regulation No 1549/2006, fall within the scope of that provision. 4. Subheading 7317 00 90 of the Combined Nomenclature in Annex I to Regulation No 2658/87, as amended by Regulation No 1549/2006, must be interpreted as meaning that corrugated clips with rounded tips connected by means of a pin, such as those at issue in the main proceedings, do not fall within that subheading. [Signatures] (
C-382/09.
7 Oct 2010Stils Met SIA v Valsts ieņēmumu dienests.
On those grounds, the Court (Fifth Chamber) hereby rules: 1. The Integrated Tariff of the European Communities established by Article 2 of 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 applying in 2004 and 2005, must be interpreted as meaning that ropes and cables of steel, other than stainless steel, not coated or only plated or coated with zinc, with a maximum cross‑sectional dimension exceeding 3 mm but not exceeding 48 mm, not consigned either from Moldova or from Morocco, fall within TARIC codes 7312 10 82 19, 7312 10 84 19 or 7312 10 86 19, depending on their cross-sectional dimension. 2. Article 14(1) of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community must be interpreted as not precluding legislation of a Member State which provides for the imposition, in the event of an error in the tariff classification of goods imported into the customs territory of the European Union, of a fine equal to the total amount of the anti-dumping duties applicable to those goods, provided that the conditions in accordance with which the amount of the fine is to be set are analogous to those applicable to infringements of national law of a similar nature and importance and which make the penalty effective, proportionate and dissuasive, a matter which it is for the referring court to determine. [Signatures] * Language of the case: Latvian.
C-260/08.
10 Dec 2009Bundesfinanzdirektion West v HEKO Industrieerzeugnisse GmbH.
On those grounds, the Court (Third Chamber) hereby rules: With regard to goods classified under heading 7312 of the Combined Nomenclature constituting 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 1719/2005 of 27 October 2005, ‘substantial processing or working’ within the meaning of Article 24 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, may cover not only such processing or working as leads to the goods which have undergone the process being classified under a different heading of the Combined Nomenclature, but also such processing or working as results, without such a change of heading, in the creation of a product with properties and a composition of its own which it did not have before the process.