Request for a preliminary ruling from the Nederlandstalige rechtbank van eerste aanleg Brussel (Belgium) lodged on 6 February 2020 — NV Vogel Import Export v Belgische Staat
(Case C-62/20)
Language of the case: Dutch
Referring court
Nederlandstalige rechtbank van eerste aanleg Brussel
Parties to the main proceedings
Applicant: NV Vogel Import Export
Defendant: Belgische Staat
Questions referred
Should the [Combined Nomenclature] 1 — in the light also of the various language versions of tariff heading 4409 and the HS Explanatory Notes to tariff headings 4407 and 4409 — be interpreted as meaning that the goods which are the subject of the main proceedings, namely, planed wooden boards the four corners of which have been rounded over the entire length of the board, are to be regarded as being ‘continuously shaped’ and accordingly should be classified under tariff heading 4409 or can the rounding of the corners not be regarded as being ‘continuously shaped’ and should the goods therefore be classified under tariff heading 4407?
Is the size of the rounding determinative for classification under tariff heading 4407 or tariff heading 4409?
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1 Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ 1987 L 256, p. 1)