7 Complaints at CIT Seeks Reclassification of Beta-Carotene
Importer DSM Nutritional Products, Inc. filed six complaints at the Court of International Trade on Oct. 27 seeking to secure its preferred Harmonized Tariff Schedule subheading for its beta-carotene with stabilizers and/or anti-caking agent imports. American International Chemical also filed an identical complaint in its case seeking the same outcome. All six cases are led by Robert Seely of Grunfeld Desiderio.
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CBP classified the subject merchandise under HTS subheading 2106.90.99, which provides for "food preparations not elsewhere specific or included," dutiable at 6.4%. The importers, on the other hand, prefer HTS subheading 2936.90.01, which provides for "provitamins," free of duty. This subheading is apt because the beta-carotene is a "dual-use product," that can be used as a source of Provitamin A and a colorant in food and beverage applications, the complaints said.
Alternatively, if the courts don't agree with subheading 2936.90.01, then the beta-carotine should be classified under subheading 3203.00.80, which provides for "coloring matter of vegetable origin: [o]ther", dutiable at 3.1%, or subheading 3204.19.35, which provides for "synthetic organic coloring matter ... [b]eta-carotene and other carotenoid coloring matter," dutiable at 3.1%.
(DSM Nutritional Products, Inc. v. United States, CIT #14-00330, 16-00255, 16-00004, 15-00300, 17-00136, 18-00070; American International Chemical v. United States, CIT #13-00072)