RESOLUTION OF THE STATE CUSTOMS COMMITTEE OF THE REPUBLIC OF BELARUS

of November 16, 2007 No. 110

About classification according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union of separate goods

Based on item 4 of article 16 of the Law of the Republic of Belarus of January 10, 2014 No. 129-Z "About customs regulation in the Republic of Belarus" and subitem 10.7 of Item 10 of the Regulations on the State Customs Committee of the Republic of Belarus approved by the Presidential decree of the Republic of Belarus of April 21, 2008 No. 228, the State Customs Committee of the Republic of Belarus DECIDES:

1. The goods given in this resolution to classify according to the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further – single the CN FEA EEU) as follows:

1.1. dried gammons of domestic pigs, part of bones from which was removed (for example, the shins containing only bone or bone of rump or their part), are classified in subsubline item 0210 11 310 0 single CN FEA EEU.

Dried gammons of domestic pigs from which all bones were originally removed and then are replaced with bones considerably of the smaller sizes, 0 single CN FEA EEU are classified in subsubline item 0210 19 810;

1.2. the frozen sprat, or herring the Baltic Clupea harengus membras which is subspecies of herring of the Atlantic Clupea harengus according to the Basic rules of interpretation (further – OPI) 1 and 6 single CN FEA EEU is classified in subline item 0303 51 000 0 single CN FEA EEU;

1.3. the fins of slope (or wings of slope) (sorts Raja) received from the left and right sides of body of slope, having the form of wings, provided without skin, refrigerated with cartilaginous beams and ratio of meat to cartilaginous beams about 86% to 14% are classified in subline item 0303 82 000 0 single CN FEA EEU;

1.4. the intermediate product sury, implemented in the refrigerated type, consisting of the light paste which almost does not have smell or taste, made from small chopped, washed out and filtered meat of fish with small amount of additives (for example, sugar, salt, sorbite, and also di - or triphosphates) for improvement of consistence and stabilization of product in the refrigerated condition, is classified in subsubline item 0304 single CN FEA EEU.

The ready-made products imitating the crabsticks, tails of lobsters, shrimps, crayfish tails, oysters, spiny lobsters provided in the form of straws, vermicelli, rolls, sausages, sausages and to that similar, made from sury in mix with other products (for example, flour, starch, proteins, meat of Crustacea, spices, the vkuso-aromatic and painting additives), usually subject to thermal treatment and delivered in the refrigerated condition breaded of flour, in batter, cheese, brine, jelly or in other type, containing more than 20 Mas. % of fish, are classified in subsubline item 1604 20 050 0 single CN FEA EEU.

The ready-made products containing more than 20 Mas. the % of fish representing portion, formed from forcemeat of different fishes (the insignificant quantity sury is allowed) semifinished products, for example the fish sticks, burgers, cutlets, round steaks and so forth which are previously fried breaded of flour, in batter, cheese or without those, delivered in the refrigerated type, are classified in subsubline item 1604 20 909 0 single CN FEA EEU;

1.5. the liquid (food) product representing the condensed milk received from whole milk with sugar addition, the % of sucrose consisting of 48,7, 29% of water, 15,1 of % of the dry (fat-free) remaining balance of milk, 6,9 of % of fat of less 0,2 of % of the stabilizer is classified in subline item 0402 99 single CN FEA EEU;

1.6. the oil-water emulsion, capable to be smeared, consisting of 68,75 of % of weight (further – Mas. %) буттеройля (milk fat), 17 Mas. sugar %, 13 Mas. % of water and 1,25 Mas. the casein %, used in the food industry, is classified in subsubline item 0405 20 300 0 single CN FEA EEU;

1.7. processed cheese ("Cheese Food-Bayerland") prepared from the crushed firm cheese (60,05 Mas. %) by its mixing with butter (13,1 Mas. %), whey powder (6,5 Mas. %), sodium phosphate (1,5 Mas. %) and water (18,85 Mas. the %), heating of mix and formation in blocks weighing 2 kg, is classified in subline item 0406 30 single CN FEA EEU;

1.8. the wreath with a diameter about 20 cm consisting mainly of plant materials (in particular, carnation (except flowers and buds), cinnamon, pine and deciduous cones, gilded or not, and dry leaves), the artificial components added with insignificant quantity (for example, artificial flowers from textile materials, imitation of petals from wire) fastened together with wire is classified in subline item 0604 90 single CN FEA EEU.

The wreaths, bouquets and similar products made mainly of artificial flowers, leaves or fruits are classified in goods item 6702 single CN FEA EEU. They can include plant materials, but the number of the last insignificant and does not determine the main nature of these products;

1.9. prunes, partially regidratirovanny to moisture content, not exceeding 35 Mas. the % to which for stabilization sorbic acid was added with remote stone, hermetically packed and ready to the direct use, is classified in subline item 0813 20 000 0 single CN FEA EEU;

1.10. potatoes in the form of flour, flakes or granules which are dried up (for example, potatoes steamed, with the subsequent drying of puree evaporation or winterizing), but without subsequent processing, enriched or not in insignificant quantities antioxidants, emulsifiers or vitamins, are classified in goods item 1105 single CN FEA EEU according to the note 3(v) to group 07 single the CN FEA EEU.

The potatoes made or preserved in the form of flour of rough or high milling or flakes, containing the additives doing by its ready dish (for example, s "Uncle Ben"" instant; structure: potatoes – 94%, milk – % 2,4, salt – % 2,3, vitamin C), are classified in subsubline item 2005 20 100 0 single CN FEA EEU according to the note 3 to group 20 single the CN FEA EEU.

Similar goods in the refrigerated type according to the text of goods item 2004 are classified in subsubline item 2004 10 910 0 single CN FEA EEU;

1.11. the margarine, foodstuff in the form of plastic weight representing high-disperse emulsion of fat and water with fat content at least 80 Mas. the % including which is not containing or the containing no more than 15 Mas. the % of milk fats made on the basis of high-quality fats or oils of animal or plant origin or from mixes of these fats or oils, suitable for the use, with addition of different components, such as salt, sugar, dyes, emulsifiers, vitamins and so forth, is classified in subline item 1517 10 single CN FEA EEU;

1.12. минарин, the foodstuff in the form of plastic weight representing emulsion of fat and water with fat content 39–41 Mas. the % including which is not containing or the containing no more than 15 Mas. the % of milk fats made mainly from water (and/or milk, and/or dairy products) and fats, suitable for the use, or oils of animal or plant origin or from mixes of these fats or oils, with addition of different components, such as salt, sugar, dyes, emulsifiers, vitamins and so forth, is classified in subline item 1517 90 single CN FEA EEU;

1.13. the foodstuff in the form of plastic weight representing emulsion of fat and water with fat content more than 41 Mas. %, but less than 80 Mas. the % including which are not containing or containing no more than 15 Mas. the % of milk fats made from fats, suitable for the use, or oils of animal or plant origin or from mixes of these fats or oils with addition of different components, such as salt, sugar, dyes, emulsifiers, vitamins and so forth, are classified in subline item 1517 90 single CN FEA EEU;

1.14. semisolid foodstuff with content of fat Mas is at least 99,5. % and moisture no more 0,5 Mas. the % received from mix of different types natural and processed (including hydrogenated), vegetable fats or oils, suitable for the use, with addition of such components as vitamins, fragrances, food dyes, antioxidants, are classified in subline item 1517 90 single CN FEA EEU;

1.15. the mixed fatty product consisting of 80–90 Mas. % of melted pork fat (hog grease) and 10–20 Mas. the % of beef fat suitable for consumption is classified in subline item 1517 90 single CN FEA EEU;

1.16. oil from seeds of evening primrose of vitamin E, biannual with addition, and milk fat, in the gelatin/glyceric capsules packed into the blister packagings for retail sale, used for amendment of diet by the vital fatty acids containing in oil (in particular, gamma linolenic acid), is classified in subline item 1517 90 single CN FEA EEU;

1.17. the lump sugar containing sucrose % 99,7 from cane sugar and small amount of caramel is classified in subline item 1701 91 00 single CN FEA EEU;

1.18. starch syrup, flavourless sweet viscous liquid, from colourless till dark yellow color, the representing mix dissolved in water of glucose, maltose and dextrins, received by osakharivaniye (hydrolysis) of starch with the subsequent filtering and uvarivaniye of syrup, is classified in subsubline item 1702 30 900 1 single by the CN FEA EEU;

1.19. the confectionery with trade name of "RAFAELLO" which are not containing some cocoa, in the form of sphere diameter of 2,5 of cm, the walls of 2 mm consisting of the wafer sphere with thickness filled with the nut stuffing having taste of coconut and the whole kernel of almonds outside of covered with white chocolate and grated coconut, are classified in subsubline item 1704 90 300 0 single CN FEA EEU;

1.20. pastils from sore throat and the cough pills consisting generally of sugars and flavoring additives, for example menthol, eucalyptus oil or oil of peppermint (without other active ingredients), are classified in subsubline item 1704 90 550 0 single CN FEA EEU.

For example, the pills for cough of "HUDSON" consisting of sucrose (% 64,42), glucose (% 34,88), menthol (% 0,27), eucalyptus (% 0,16), citric acid (% 0,145). Products with trade names of "HACKS", "VICKS", "HALLS" are similarly classified;

1.21. the confectionery from sugar (lollipops "Vienna", "Hartmint", "Cristal Fruit", "Anise") which main components are sugar, glucose and fragrances (part of some can be also lactic or citric acid, menthol, peppermint oil, pectin, apple pulp) containing also minimum quantity of cocoa powder specified by the producer, but not confirmed by researches are classified in subsubline item 1704 90 710 0 single CN FEA EEU;

1.22. the medicines on the basis of sugars containing in quality of active components extracts (tinctures) of officinal herbs which concentration of active ingredients in one-time dose of medicine below the medical doses recommended by the World Health Organization for ensuring medical or preventive effect against specific disease 1704 90 single CN FEA EEU are classified in subline item, for example:

the vegetable pastils for cough "the Doctor of MEGOHM" with fruit taste (the average weight of one pastil – 2,5 of) containing dry extracts of glycyrrhiza (15 mg), ginger medicinal (10 mg) and emblik medicinal (10 mg), the menthol (7 mg) and the excipients (sucrose, glucose, glycerin, citric acid, sodium methylparaben, mint essence, fruit essences depending on taste of pastils, dyes) which are the combined phytomedicine with anti-inflammatory and expectorant action, intended for symptomatic therapy of diseases of the upper airways which are followed by cough;

ginseng tablets (trade name of "Ginsana G 115 Ginseng") in the form of rectangular karamely (length about 22 mm, about 7 mm thick), consisting of the concentrated ginseng extract (about 50 mg on one tablet), sucrose (47% of weight), vegetable oil, gelatin, arabic gum, citric acid, ascorbic acid, essential orange oil and food dye.

The similar medicines presented in the form of syrups including on the basis of substitutes of sugars, are classified in goods item 2106 single CN FEA EEU. For example, cough syrups Bronkhikum, "Doctor of MEGOHM", "Gedeliks";

1.23. the confectionery from sugar (Orfina caramel) containing sugar, glucose, the oil, vegetable fat, milk powder, salt, soy lecithin, malt extract, fragrances and the insignificant amount of cocoa powder specified by the producer, but not confirmed by analyses are classified in subsubline item 1704 90 750 0 single CN FEA EEU;

1.24. the halvah (sunflower, peanut, takhinny, soy, nut and other) which is not containing some cocoa and representing the confectionery produced from the fried grated seeds of oil-bearing crops and the caramel weight which is brought down with foam-forming substance is classified in subsubline item 1704 90 990 0 single CN FEA EEU.

The halvah containing cocoa is classified in goods item 1806 single CN FEA EEU;

1.25. the confectionery from sugar containing the cocoa mixed in different proportions with the confectionery which are not containing the cocoa provided for sale in boxes as mix are classified in subline item 1806 31 000 0 or 1806 32 single CN FEA EEU;

1.26. the cake cheeses glazed by chocolate in the form of bars (briquettes) consisting of the case (curds) covered with chocolate are classified in subline item 1806 31 000 0 single CN FEA EEU.

The cake cheeses containing cocoa in any proportion (not glazed) are classified in subsubline item 1806 90 900 0 single CN FEA EEU;

1.27. the product "Souffle in Chocolate" in the form of blocks, tiles, plates or long loafs consisting of the case (souffle) glazed by chocolate is classified in subline item 1806 31 000 0 single CN FEA EEU.

Similar products of any other form are classified in subsubline item 1806 90 310 0 single CN FEA EEU;

1.28. the confectionery in the form of candies containing thin wafer (thickness about 1-2 mm) and filler of different type, covered with milk chocolate (for example, products with trade names of "ROCHER", "SONHO DE VALSA", "FEITICO", "OURO BRANCO"), are classified in subsubline item 1806 90 310 0 single CN FEA EEU;

1.29. the chocolate "Kinder surprise" product in the form of egg consisting of the case with external layer from chocolate and inside layer from mix of sugar, dairy product and vegetable fats in which the plastic capsule with toy surprise is placed (for example, the plastic helicopter in unassembled form) is classified in subsubline item 1806 90 390 0 single CN FEA EEU;

1.30. the cocoa paste or chocolate cream containing sugar or other edulcorant substances (for example, pastes with trade name of "NUTELLA", "SNICKERS", "MILKY WAY", "NUSSA" and so forth), are classified in subline item 1806 20 single CN FEA EEU or in subsubline item 1806 90 600 0 single CN FEA EEU depending on packaging.

Cocoa paste, representing raw materials (semifinished product) for production of cocoa butter, cocoa powder, chocolate, is classified in goods item 1803 single CN FEA EEU; this cocoa paste does not contain sugar and other edulcorant substances and cannot be used as ready confectionery;

1.31. instant chocolate drink with NESQUIK vitamins (structure: soluble cocoa powder, sugar, the removed powdered milk, whey, lecithin, vanillin, vitamins), packed up for retail sale, is classified in subsubline item 1806 90 700 0 single CN FEA EEU.

Soluble cocoa powder without additives of sugar or other edulcorant substances is classified in goods item 1805 00 000 0 single CN FEA EEU, and containing only additives of sugar or other edulcorant substances and small amount of lecithin (about 5% on weight) 1806 10 single CN FEA EEU join in subline item;

1.32. the pizza which is not subjected to thermal treatment (ingredients: wheat flour, water, cheese, margarine, mushrooms, meat (4,7 Mas. the %), onions, tomato puree, vegetable (olive) oil, yeast, salt, sugar, baking powder, malt extract, partially hydrogenated vegetable oil, the modified starch, garlic and spices), consisting of basis for the pizza (test) and stuffing stacked from above, provided in packaging for retail sale, requiring thermal treatment within 15–25 minutes in oven, is classified in subline item 1901 20 000 0 single CN FEA EEU;

1.33. the food mixes consisting of potato starch (% 88,5), maltodextrin (% 8,5) of glyutamat of sodium (2%) and salts (1%) used in case of production of foodstuff are classified in subsubline item 1901 90 980 0 single CN FEA EEU;

1.34. the semifinished product of kartofeleprodukt "Original", prepared by extruding of the wet mix including potato flakes (% 18,23), potato starch (% 72,91), wheat flour (% 6,56), table salt (% 2,3) and water with the subsequent cutting and drying suitable for consumption after frying in vegetable oil in the form of chips, dry breakfast and to that similar, is classified in subsubline item 1901 90 980 0 single CN FEA EEU;

1.35. kissels dry, being ready food concentrates and containing sugar (to 70%), the starch (giving distinctive property to these goods – 20–25%), citric acid (1–2%), food dye and vkuso-aromatic additives, are classified in subsubline item 1901 90 980 0 single CN FEA EEU;

1.36. the whipped cream which is packed up in aerosol can, with taste and smell of vanilla, the containing cream (87%) made of cow's milk, syrup of invert sugar (7%), condensed milk (% 2,3), the concentrated milk (% 3,48), glucose (% 0,2), natural vanilla fragrance (% 0,01) and the stabilizer (каррагенан E 407) (% 0,01), 0 single CN FEA EEU are classified in subsubline item 1901 90 980;

1.37. the briquette (or other packaging) noodles with bag of seasonings, bag of vegetable oil or bag of sublimated extracts of meat, fish, vegetable broth, sauce bag and so on, Mivina packed jointly into single packaging, for example, Rollton, is considered as the set for retail sale consisting of the different components classified in the different goods items (noodles – 1902, seasonings – 0910, vegetable oil – group 15, etc.) collected together with the purpose to satisfy specific need (preparation of noodles) and 1902 single CN FEA EEU are classified in goods item;

1.38. the dry flakes from grain cereals for breakfast representing the foodstuff made from grain of grain cereals (for example, corn) which become crackling as a result of swelling or frying, are classified in subline item 1904 10 single CN FEA EEU. Generally such products are used with milk or without milk, with juice or kefir as foodstuff for breakfast, for example "Post toasties corn flakes", "Kellogg" s Corn Flakes";

1.39. the instant rice which is previously boiled fully or partially, and then dehydrated (with essential changes of granular structure) which before the use is presoaked in water, is brought to boiling and cooked 5–12 min., 0 single CN FEA EEU according to the name of goods item 1904 single CN FEA EEU are classified in subsubline item 1904 90 100.

The hulled rice which is brought down, polished, glazed, steamed or crushed, but not subjected to other any processing, is classified in goods item 1006 single CN FEA EEU according to the note 1B to group 10 and the note 4 to group 19 single the CN FEA EEU;

1.40. the cookies and wafers glazed (fully or partially) by chocolate (or other products containing cocoa), irrespective of availability of other components in the form of layers or cream stuffings, fruit candy, to soft caramel and volume of similar are classified in goods item 1905 single CN FEA EEU;

1.41. the confectionery with trade name of "DUPLO" in the form of rectangular whetstone 9 cm long, width of 1,8 of cm and thickness of 0,8 of cm containing wafer 5-6 mm thick, covered with milk chocolate is classified in subline item 1905 32 single CN FEA EEU;

1.42. the crackling spicy foodstuff (chips) packed for retail sale made from the test on the basis of potato powder (about 31%) and other ingredients, for example vegetable oil, starch, the modified starch, salt, sugar, emulsifier (lecithin), extract of yeast and spices fried in vegetable oil and ready to the use, is classified in subsubline item 1905 90 550 0 single CN FEA EEU;

1.43. the crackling foodstuff (Snake) with taste of bacon in the form of rectangular, slightly wrinkled plates with three dark strips for giving of appearance of bacon to them packed for retail sale consisting of wheat flour (about 55%), potato powder (about 28%), potato starch (about 10%), maniokovy starch (about 6%) the salts, carotene and fragrances roasted on oil and ready to the use are classified in subsubline item 1905 90 550 0 single CN FEA EEU;

1.44. the cheese pie (refrigerated), consisting of stuffing (90 Mas. %), prepared from cream, cream cheese, milk and sugar, placed on the baked keksovy basis (10 Mas. the %) from oil, flour, sugar and eggs, is classified in subsubline item 1905 90 600 0 single CN FEA EEU;

1.45. juice fruit and juice vegetable or the mixes of juice having percentage of components (solids, organic acids, mineral substances and so forth), characteristic for natural (100%) juice, with addition or without addition of sugar or other edulcorant substances, the standardizing substances (for example, tartaric or citric acid) and substances which were destroyed in production process (for example, vitamins, dyes, etc.) is classified in goods item 2009 single CN FEA EEU.

The concentrated and recovered juice, that is juice received as a result of addition to the concentrated juice of the amount of water which is not exceeding that quantity which contains in the similar not concentrated juice of regular structure also belong to this goods item.

Juice drinks, including nectars, are classified in goods item 2202 single CN FEA EEU.

For example, the tamarind nectar prepared for the use as drink by addition of water and sugar and filtering.

Drinks of group 22 single the CN FEA EEU it is necessary to distinguish 2106 single CN FEA EEU used in production of drinks from nonalcoholic or alcoholic products of goods item.

For example, the products for production of lemonades or other drinks consisting from:

the concentrated fruit juice with additives of citric acid (in such proportion that total content of acid much more, than in natural juice), the essential oils extracted from fruit, synthetic edulcorant substances, etc.;

the syrup flavored by fruit juice which was modified by addition of some components (citric acid, the essential oil extracted from fruit, etc.) in such quantities that the balance of components of fruit juice characteristic of natural juice is obviously broken

2106 90 single CN FEA EEU are classified in subline item.

Such products are intended for the use in the form of drinks after simple dilution by water or after the subsequent processing.

Some products of this type are intended for addition in other foodstuff;

1.46. tomato juice, the containing at least 7 Mas. the solid %, is classified in goods item 2002 single CN FEA EEU according to the note 4 to group 20 single by the CN FEA EEU;

1.47. fruit in alcohol:

"Gerland-Griottes a l" Armagnac "/" cherry in Armagnac" (16 about. the alcohol %) represents the cherry (22 g) which is filled in with Armagnac mix (40 about. alcohol %), sugar syrup and fruit extract (19 g), in subline item 2008 60 single CN FEA EEU are also classified;

"Gerland-pruneau d" Agen a l "Armagnac" / "Prunes in Armagnac" (16 about. the alcohol %) represents the prunes which are filled in with Armagnac mix (40 about. alcohol %), sugar syrup and fruit extract, in subline item 2008 99 single CN FEA EEU are also classified.

The amount of fruit in similar goods "fruit in alcohol" shall make more than 2/3 amounts of the delivered reservoir, otherwise similar goods are classified in goods item 2208 single CN FEA EEU;

1.48. the product (trade name of "Stevia Coffee") consisting of instant coffee (98,5 Mas. %), the coffee received by extraction with subsequent dehydration, with addition of noncaloric edulcorant substance (1,5 Mas. the %), is classified in subsubline item 2101 12 920 single CN FEA EEU;

1.49. ready-made products on the basis of extracts, essences or concentrates of coffee, for example "Instant coffee with cream and sugar" (3 in 1) (the trade name "MacCoffee"), consisting of instant coffee, cream of plant origin, sugar (structure: glucose syrup, solid vegetable fats, lactose, casein, the stabilizer, emulsifier, dye), are classified in subsubline item 2101 12 920 single CN FEA EEU.

Similar ready-made products on the basis of coffee or on the basis of mix of coffee and its substitutes in any proportion, with addition of milk or cream, sugar or substitutes of sugar are classified in subsubline item 2101 12 980 single CN FEA EEU;

1.50. additive coffee (trade name "Buisman" s Aroma"), representing the large brown powder with bitter taste consisting from 93 Mas. % of caramel and 6 Mas. the % of mineral salts, is classified in subsubline item 2101 30 990 0 single CN FEA EEU;

1.51. the dead one-celled seaweed in the form of tablets for the use by the person consisting of the dried-up powder Spirulina Pacifica and inactive components (silicon dioxide, starch and magnesium stearate) are classified in subsubline item 2102 20 900 0 single CN FEA EEU;

1.52. east sweet and east sharp the sauces in the form of reddish suspension containing visible pieces (length of 1-2 cm and width of 0,5-1 of cm) of vegetables (about 26%: red pepper, onion, carrots, green pepper) and fruit (about 7% – pineapple), sugar, vinegar, tomato puree, the modified starch, white wine, salt, herbs, spices (including garlic and ginger), the stabilizer (xanthane gum), soy sauce and water; packed up in the glass reservoirs (for example, 525 g) recommended for addition to the prepared chicken cut on pieces, 2103 90 single CN FEA EEU are classified in subline item;

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