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Commission Regulation (EC) No 609/2009Show full title

Commission Regulation (EC) No 609/2009 of 8 July 2009 concerning the classification of certain goods in the Combined Nomenclature

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ANNEX

Description of the goodsClassification(CN code)Reasons
(1)(2)(3)

Product in granular form consisting of (% by weight):

— anhydrous betaine

95,8

— water

1,5

— calcium stearate (anti-caking agent)

1,0

and the rest being impurities.

The product is used in preparations of a kind used in animal feeding.

2923 90 00

Classification is determined by the General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Notes 1(a) and 1(f) to Chapter 29 and the wording of CN codes 2923 and 2923 90 00.

The product contains besides anhydrous betaine and water only calcium stearate (anti-caking agent) and impurities and consequently meets the wording of Notes 1(a) and 1(f) to Chapter 29.

Betaine is not a vitamin or a provitamin of heading 2936. It is a quarternary intramolecular ammonium salt [see also the Harmonized System Explanatory Notes (HS EN) to heading 2923, fourth paragraph (6)]. Consequently, the product is to be classified in heading 2923.

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