law://eu/reg/2018/267@2026-11-12THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Codenote, and in particular Articles 57(4) and 58(2) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
| Description of goods | Classification (CN Code) | Reasons |
|---|---|---|
| (1) | (2) | (3) |
| 1.A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of:lavender oil,peppermint oil,citronellal,sodium benzoate,a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)).The product is used as raw material for the incorporation of the essential oils during the plastic transformation process. The purpose is to prevent certain animals biting and damaging finished plastic products. | 33029090 | Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 33 and by the wording of CN codes 3302, 330290 and 33029090.Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the essential oils.The essential oils are the main component and give the product its essential character (i.e. having repelling properties against rodents, termites and other animals).The product is therefore to be classified under CN code 33029090 as other mixtures of odoriferous substances and mixtures with a basis of one or more of these substances, of a kind used as raw materials in industry. |
| 2.A product (so-called ‘masterbatch’) in the form of thermoplastic pellets composed of:permethrin (ISO),thymol oil,eugenol oil,citral oil,denatonium benzoate,benzoic acid derivatives,lidocaine (INN),a polymer (Ethylene-Vinyl Acetate (EVA) or Low Density Polyethylene (LDPE)).The product is used as raw material for the incorporation of the insecticide during the plastic transformation process. The purpose is to prevent termites biting and damaging finished plastic products. | 38089110 | Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 3808, 380891 and 38089110.Classification under heading 3901 is excluded because the polymeric content of the product (EVA or LDPE) is acting only as a carrier of the insecticide.Classification under heading 3302 is excluded because there are only traces of essential oils (thymol, eugenol and citral) in the product. Therefore they are not contributing significantly to the essential character of the product. The insecticide (permethrin (ISO)) is the main component and gives the product its essential character (i.e. to act against termites).The product is therefore to be classified under CN code 38089110 as insecticides based on pyrethroids. |
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