Corrigendum to Council Decision (EU) 2020/1410 of 25 September 2020 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 of recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonized System Convention (Official Journal of the European Union L 327 of 8 October 2020)

• Published date: 03 December 2020
• Official Gazette Publication: Official Journal of the European Union, L 406, 3 December 2020

3.12.2020 EN Official Journal of the European Union L 406/68

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Corrigendum to Council Decision (EU) 2020/1410 of 25 September 2020 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 of recommendations to secure uniformity in the interpretation of the Harmonized System under the Harmonized System Convention

( Official Journal of the European Union L 327 of 8 October 2020 )

The Annex should read:

‘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 shall approve the 125 classifications (HS 2017 Edition) and the three 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 shall 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 shall 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 Scientific Sub-Committee. The Union shall approve the reclassifications of “zilucoplan” and “etryptamine” agreed by the Scientific Sub‐Committee, in subheadings 2 933,79 and 2 939,80, respectively. The Union shall agree to all proposed classifications as they are in line with the current classification policy in the Union.

(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 Union.

(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 8 543,70 in the HS2017 and in subheading 8 543,40 in the HS2022. Product 2 shall 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 the ruling of the Court of Justice of the European Union in Case C‐276/00. Additional information is needed to classify the products at subheading level. The proposed amendment to the HSEN shall not be supported, as the current practice in the Union 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 in heading 18.06 (subheading 1 806,32) 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 2 403,99) 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) in heading 85.01 (subheading 8 501,62) 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

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