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4 Règlements

Article in the shape of a belt (approximately 25 cm wide in the middle of the back), made of highly elasticated knitted textile fabrics to be worn around the lower back (lumbar region). In the middle of the back of the belt, there is a vertical strip sewn to it. The strip is approximately 11 cm wide, consisting mainly of woven textile fabrics and not elasticated. The article is closed around the body by means of a Velcro-type closing. In order to tighten the article even more around the waist an

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 7(d) to Section XI, Note 1(b) to Chapter 90 and by the wording of CN codes 6212 and 6212 90 00. Classification under CN code 9021 10 10 as orthopaedic appliances is excluded, because the elasticity of the belt is the sole factor which contributes to the supporting effect according to Note 1(b) to Chapter 90. The pressure pad and the flexible steel strips contribute merely insignificantly to the intended supporting effect. The pressure pad serves mainly to relieve pain and the flexible steel strips serve also to prevent the article from coiling and, thus, do not hinder the application of Note 1(b) to Chapter 90 according to the Court of Justice’s judgment of 7 November 2002, Lohmann and medi Bayreuth, Joined Cases C- 260/00 to C-263/00, ECLI:EU:C:2002:637 (see paragraphs 48 and 50). Moreover, due to the elasticity of the belt and the flexibility of the steel strips which cannot even withstand a force applied manually, the belt is not able to completely, and under all circumstances, prevent undesired movements of the spine. The pressure applied to the spine only limits conscious movements but does not completely prevent specific movements of the spine in order to exclude further injuries (Note 6 to Chapter 90) as required for orthopaedic appliances of heading 9021 according to the second paragraph of Additional note 2 to Chapter 90. Therefore, the article is to be classified under CN code 6212 90 00 as other similar articles Documented CN 2026 code: 62129000.

Item 1: Tight fitting garment covering the upper part of the body, made of three different kinds of knitted textile fabric of man- made fibres. It consists of a main fabric and several panels attached to the main fabric: — the main fabric (85 % polyester and 15 % elastane) (single jersey plain knit fabric), and — the firm panels (100 % polyester) (interlock knit fabric), and — the mesh panels (92 % polyester and 8 % elastane) (warp knit fabric). The garment has a round neckline, short close-fitt

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Chapter 61, Note 1 to Chapter 62, Note 1(b) to Chapter 90 and by the wording of CN codes 6212 and 6212 90 00. Classification under heading 9021 as an orthopaedic appliance is excluded within the meaning of Note 1(b) to Chapter 90, because this garment is a supporting article of textile material whose effect on the organ to be supported (for example, the straightening of the back) derives solely from the elasticity of the article. The different elasticities of the different panels (even the firm panels have a certain amount of elasticity, since they are knitted) create the body-supporting effect. Classification under CN code 6106 20 00 as women’s or girls’ blouses, shirts, shirt-blouses and under CN code 6109 90 20 as T-shirts, singlets and other vests is excluded, because the article primarily has the characteristics of body-supporting garments (the double closing system consisting of a zip and a hook-and-eye closing, the effects due to the combination of the firm knitted panel along the spine and over the shoulders with the more elastic panels and the tension on the posture of the wearer created by the different elasticities). The garment is designed to contribute to the straightening of the back by supporting an upright posture of the wearer. Consequently, the article is designed as body- supporting garment (see the Harmonized System Explanatory Notes to heading 6212) and, therefore, excluded from Chapter 61 within the meaning of Note 2(a) to that Chapter. The article is therefore to be classified under CN code 6212 90 00 as similar articles Documented CN 2026 code: 62129000.

Item 2: Tight fitting garment covering the upper part of the body, made of two different kinds of knitted textile fabric of man- made fibres: the front of the garment is made of a pile fabric (sort of terry fabric; 83 % polyester, 17 % elastane) and the back of the garment is made of mesh fabric (100 % nylon). The garment has a round neckline. It is sleeveless and has a full front opening that is closed with a zip. In addition, at the lower half of the opening there is a hook-and-eye closing sys

Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(a) to Chapter 61, Note 1 to Chapter 62, Note 1(b) to Chapter 90 and by the wording of CN codes 6212 and 6212 90 00. Classification under heading 9021 as an orthopaedic appliance is excluded within the meaning of Note 1(b) to Chapter 90, because this garment is a supporting article of textile material whose effect on the organ to be supported (for example, the straightening of the back) derives solely from the elasticity of the article. The adjustable, elastic bands create the body-supporting effect. Classification under CN code 6109 90 20 as T-shirts, singlets and other vests or under CN code 6110 30 99 as women’s or girls’ waistcoats or similar articles is also excluded, because the article has primarily the characteristics of body-supporting garments (the double closing system consisting of zip and a hook-and-eye closing, the effects due to the tension on the back of the wearer created by the two adjustable elastic bands that extend diagonally from the shoulders down to the waist, and the tension on the back exerted by the elastic bands on the inside of the garment). The garment is designed to contribute to the straightening of the back by supporting an upright posture of the wearer. Consequently, the article is designed as body- supporting garment (see the Harmonized System Explanatory Notes to heading 6212) and, therefore, excluded from Chapter 61 within the meaning of Note 2(a) to that Chapter. The article is therefore to be classified under CN code 6212 90 00 as similar articles. Documented CN 2026 code: 62129000.

Item 2: Lightweight knitted garment (85 % polyamide, 15 % elastomeric yarn) with narrow adjustable shoulder-straps, intended to cover the upper part of the body down to the crotch.The front of the garment is of open-work knitted fabric, and the garment is elasticated around the legs and at the back. The crotch has a knitted-cotton lining and is fastened by means of three press-studs. The upper part of the garment resembles a brassiere and is wired for support. (see photograph No 525)

Classification is determined by the provisions of general rules 1 and 6 for the interpretation of the combined nomenclature and by the texts of CN codes 6212 and 6212 90 00. See also the explanatory notes to the harmonized system concerning heading 6212. Documented CN 2026 code: 62129000.

24 juin 1993