Commission Implementing Regulation (EU) 2015/1721
Of 22 September 2015 — CELEX 32015R1721
Description of the goods
Whole clams (Meretrix meretrix, Meretrix lyrata) in the shell, having undergone a heat treatment, subsequently frozen, in tightly packed mesh bags, presented in 10 kg packages. During the heat treatment the clams are immersed in water at a temperature of between 98 °C and 100 °C for at least 7 minutes. During that immersion, the temperature of the inside of the clams reaches at least 90 °C for 90 seconds. The product is not suitable for immediate consumption.
Reasons
Classification is determined by general rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 1605 and 1605 56 00. Simple scalding (blanching), consisting of a light heat treatment which does not entail cooking as such, does not exclude classification in Chapter 3 (see also the Explanatory Notes to the Combined Nomenclature (CNEN) to Chapter 3, General, point 2). However, clams that have undergone a heat treatment leading to a temperature on the inside of the clams of at least 90 °C for 90 seconds cannot be considered as blanched but as cooked clams. The product is therefore to be classified under CN code 1605 56 00 as prepared clams.