Point 8 of the Annex to Regulation (EEC) No 350/93 is amended as follows:

in column 1 (Description) the last sentence is replaced by the following:

‘The garment has an open inside pocket on each side and a knitted inside brief (65 % polyester, 35 % cotton), sewn at the waist (as for shorts) (see photograph No 509) (*).’;

in column 3 (Reason) the text is replaced by the following:

‘Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the combined nomenclature, by the second paragraph of Note 8 to Chapter 62, as well as by the texts of CN codes 6204 , 6204 63 and 6204 63 90 .

Classification as swimwear is excluded because this garment, by virtue of its cut, general appearance and the presence of side pockets without a firm fastening system cannot be deemed as intended to be worn solely or mainly as swimwear.’

COMMISSION REGULATION (EC) No 2126/2005 of 22 December 2005 amending Regulation (EEC) No 350/93 concerning the classification of certain goods in the Combined Nomenclature