CIT Consolidates Beta-Carotene Classification Cases

The Court of International Trade consolidated two cases filed by BASF. The decision to consolidate follows a motion by BASF to combine the cases in the interests of avoiding "unnecessary costs or delay." Both cases involve the same product and the same underlying matter of law: whether a formulated beta-carotene product used by BASF’s customers as a source of provitamin A is classifiable under Harmonized Tariff Schedule subheading 2936.90.01 as “Provitamins, unmixed,” duty free, or subheading 2106.90.99, as “Food preparations not elsewhere specified or included: Other: Other: Other: Other: Other: Other: Other.,” dutiable at the rate of 6.4%. Judge Richard Eaton granted BASF's request, as it would "promote the just, speedy, and less expensive determination of this action." After Feb. 7, the combined cases will proceed as number 12-00422.