10It should be observed that the 1950 Brussels Nomenclature only excluded from Chapter 38 ‘mixtures of chemicals and foodstuffs’. The Nomenclature Committee of the Customs Cooperation Council stated, in an explanatory note, that the term ‘foodstuffs’ did not cover certain substances, such as sorbitol, which have nutritive value but may also be regarded as chemicals, and therefore the wording of note 1(b) was amended so as to extend the exclusion from Chapter 38 to ‘substances with nutritive value’. That term must therefore be interpreted in the light of the circumstances which led to its adoption and, in particular, in the light of the abovementioned explanatory note, which, as the Court has held (see its judgment in Case C-265/89Vismans Nederlands v Inspecteur der Invoerrechten en Accijnzen [ECR] I-3411), must be taken into account in interpreting the Common Customs Tariff. In those circumstances, it must be concluded that the term ‘substances with nutritive value’ may apply to chemicals.