Importer DSM Nutritional Products Moves to Set Up Test Case for Beta-Carotene Customs Cases

Importer DSM Nutritional Products moved on April 27 to designate a test case in its tariff classification challenge on beta-carotene products, in a bid to place six other cases under one other action at the Court of International Trade. Five of the other cases were brought by DSM (see 2110270052) and one other by American International Chemical (DSM Nutritional Products v. United States, CIT #17-00136).

DSM said the government consented to the motion, though there was no order consolidating the cases on the docket as of press time. "Counsel for plaintiff conferred with Luke Mathers, Esq., counsel for defendant, regarding this motion. Mr. Mathers consented to this filing and to the relief requested," DSM said.

All the cases concern the tariff classification of beta-carotene products that CBP placed under HTS subheading 2106.90.99, which provides for "food preparations not elsewhere specific or included," dutiable at 6.4%. The importers argue for the products to be classified under subheading 2936.90.01, which provides for "provitamins," free of duty.

DSM hopes the case can be settled, it said. "It is plaintiff’s view that these cases can be resolved through stipulated judgments of fact and without the need for further litigation. In the event the parties cannot reach agreement on stipulated judgments, plaintiff intends to actively prosecute this action."