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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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