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BASF CORP. v. U.S.

Slip Op. 11-131. Court No.: 02-00558.

798 F.Supp.2d 1353 (2011)

BASF CORP., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 19, 2011.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn ( Frederic D. Van Arnam, Jr. and Helena D. Sullivan ) New York, NY, for Plaintiff BASF Corp.

Tony West , Assistant Attorney General; Barbara S. Williams , Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Saul Davis); and Edward N. Maurer and Sheryl A. French , New York, NY, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, Of Counsel, for Defendant United States.

OPINION

WALLACH, Judge:

I

INTRODUCTION

The court again examines the principal use of certain imported beta-carotene products. This action involves classification under the Harmonized Tariff Schedule of the United States ("HTSUS") of the following goods: Betavit® 10% and Betavit® 20% ("Betavits"). U.S. Customs and Border Protection ("Customs") classified these goods under HTSUS Heading 2106, which includes "food preparation...

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