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Importer to Appeal Customs Case on Classification of Betatene

Importer BASF Corporation will appeal a recent Court of International Trade decision regarding the proper tariff classification of BASF's food additive Betatene. In an August ruling, the trade court said the importer's product was properly classified under Harmonized Tariff Schedule…

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heading 2106 as a dietary supplement (see 2509050057). CIT Judge Lisa Wang said that the products weren’t general-use “provitamins,” as BASF argued, because the preparation they underwent for tableting made them not suitable for general commercial use. BASF will take the case to the U.S. Court of Appeals for the Federal Circuit (BASF Corporation v. United States, CIt # 12-00422).