Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The dominant issue was whether an imported enzyme-based animal feed additive should be classified as prepared enzymes under heading 3507 or as preparations of a kind used in animal feeding under heading 2309. Since the product contained xylanase along with substantial carriers (limestone and starch) making it suitable and intended only for animal feed, and was understood in trade/common parlance by its functional utility as an animal feed preparation, it was held to fall within heading 2309 rather than 3507. Accordingly, the goods were classified under CTI 23099090 as "other" preparations used in animal feeding. - AAR
The dominant issue was whether an imported enzyme-based animal feed additive should be classified as prepared enzymes under heading 3507 or as preparations of a kind used in animal feeding under heading 2309. Since the product contained xylanase along with substantial carriers (limestone and starch) making it suitable and intended only for animal feed, and was understood in trade/common parlance by its functional utility as an animal feed preparation, it was held to fall within heading 2309 rather than 3507. Accordingly, the goods were classified under CTI 23099090 as "other" preparations used in animal feeding. - AAR
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