
Article 1 
The goods described in column (1) of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN code indicated in column (2) of that table.
Article 2 
Binding tariff information issued by the customs authorities of Member States, which is not in accordance with this Regulation, can continue to be invoked for a period of 3 months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 5 December 2011.
For the Commission, On behalf of the President,
Algirdas ŠEMETA
Member of the Commission
ANNEX

Description of the goods ClassificationCN code Reasons
(1) (2) (3)

1. 
The product is used in the animal feeding industry as a feed appetiser in quantities of 75 g to 300 g/1 000 kg of feed for monogastric animals.
 3302 90 90 Classification is determined by General Rules 1, 3(a) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 23, Note 2 to Chapter 33, and the wording of CN codes 3302, 3302 90 and 3302 90 90.The product consists of odoriferous substances within the meaning of Note 2 to Chapter 33.Although the product is intended to be used in animal feed as a premix of appetising substances, it has retained the essential characteristics of the original material (odoriferous substances). Classification under heading 2309 as a preparation used in animal feeding is therefore excluded in accordance with Note 1 to Chapter 23.As the product is to be considered a mixture of one or more odoriferous substances combined with an added carrier, it falls under heading 3302 (see also first paragraph, point (6), of the Harmonized System Explanatory Notes (HSEN) to heading 3302).It is therefore to be classified under CN code 3302 90 90.

2. 
The product is used in the animal feeding industry as a feed appetiser in quantities of 12,5 g to 50 g/1 000 kg of feed for ruminants.
 3302 90 90 Classification is determined by General Rules 1, 3(a) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 23, Note 2 to Chapter 33, and the wording of CN codes 3302, 3302 90 and 3302 90 90.The product consists of an odoriferous substance within the meaning of Note 2 to Chapter 33.Although the product is intended to be used in animal feed as a premix of appetising substances, it has retained the essential characteristics of the original material (odoriferous substance). Classification under heading 2309 as a preparation used in animal feeding is therefore excluded in accordance with Note 1 to Chapter 23.As the product is to be considered a mixture of one or more odoriferous substances combined with an added carrier, it falls under heading 3302 (see also first paragraph, point (6), of the HSEN to heading 3302).It is therefore to be classified under CN code 3302 90 90.

3. 
The product is used in the animal feeding industry as a feed appetiser in quantities of 12,5 g to 50 g/1 000 kg of feed for dairy cows.
 3302 90 90 Classification is determined by General Rules 1, 3(a) and 6 for the interpretation of the Combined Nomenclature, Note 1 to Chapter 23, Note 2 to Chapter 33, and the wording of CN codes 3302, 3302 90 and 3302 90 90.The products consist of odoriferous substances within the meaning of Note 2 to Chapter 33.Although the product is intended to be used in animal feed as a premix of appetising substances, it has retained the essential characteristics of the original material (odoriferous substances). Classification under heading 2309 as a preparation used in animal feeding is therefore excluded in accordance with Note 1 to Chapter 23.As the product is to be considered a mixture of one or more odoriferous substances combined with an added carrier, it falls under heading 3302 (see also first paragraph, point (6), of the HSEN to heading 3302).It is therefore to be classified under CN code 3302 90 90.