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Determining Fish’s Fitness for Consumption: Navigating Customs and Food Law Intersections

  • Tariff classification involves customs and food law considerations.
  • Case C-406/25 involves Danish court and CJEU regarding fish classification.
  • Issue: Classify fish under Chapter 3 (fit for human consumption) or Chapter 5 (unfit).
  • FF Skagen A/S imported fish for animal feed, classified under Chapter 5.
  • Use of preservatives like acetic acid deemed fish unfit for human consumption.
  • Force Technology found some consignments fit, but assessment was not accredited.
  • In 2018, Danish customs classified fish under Chapter 3 if spoilage indicators were low.
  • Landsskatteret ruled in 2020 for Chapter 5 classification due to acid use.
  • Ministry of Taxation appealed, questioning if food law affects customs classification.
  • Customs classification governed by Regulation (EEC) No 2658/87 and CN.

Source: ploum.nl

Note that this post was (partially) written with the help of AI. It is always useful to review the original source material, and where needed to obtain (local) advice from a specialist.



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