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.

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)