United States Federal Circuit

In a tariff classification case involving importer-BASF Corporation, a decision classifying an imported product, which contains 1% beta-carotene and is used as a food colorant, for tariff purposes is affirmed where the district court correctly found that "[b]eta-carotene imparts the essential character" to the imported product in its use as a food colorant, and correctly classified it under HTSUS 3204.19.35.

Appellate Information

• Decided 03/29/2007
• Published 03/29/2007

Judges

• Before NEWMAN, LOURIE, and RADER, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Frederic D. Van Arman, Jr., Barnes, Richardson & Colburn, of New York, NY, argued for plaintiff-appellant.   With him on the brief was James S. O'Kelly.   Of counsel was Helena D. Sullivan., Erik D. Smithweiss, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, for amici curiae Roche Vitamins, Inc. et al.   With him on the brief was Joseph M. Spraragen.


• For Appellees:
  
• Jack S. Rockafellow, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, NY, argued for defendant-cross appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, of Washington, DC, and Barbara S. Williams, Attorney in Charge, International Trade Field Office, United States Department of Justice, of New York, NY. Of counsel on the brief was Sheryl S. French, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Board Protection, of New York, NY.