statutory chapter no language and explanatory no language to the beta to twenty percent product rather than to the raw beta carotene priscilla immaterial and when when one looks at the statutory language as applied to the i have difficulties and see what the evidence is that supports the finding that this is particularly suitable for the addition of stabilizing me to a particular in the record there is any such testimony well i think the specific just to back up a little one of the specific issues that we're talking about here is for use as a pro vitamin or dietary supplement and particularly suitable for tab of the that they have twenty percent is only twenty percent by weight beta carotene crystal material everything that added to it including another providing and to cook for all that all of that is used to make it trial court is a stabilizer anything that eighty percent by way everything including took over all which is another provided and that's automated i think you're answering the question is i mean you have to assume that there well that the high concentration turning to iran is to page twenty two again there's a finding a sighting transcript pages seven hundred forty seven o seven a high concentration and high bioavailability of data carotene in the merchandise makes it goose where he cried the specific use as requiring a use that extraordinary are outside the common use of the chemical headings and that that's the error that we're saying that that that is certainly not what judge wallet held and then he goes on to elaborate that the product increase that ability for an ordinary deemphasizing ordinary application of a kind of component will not include different chapters twenty nine so long as the product can still be used to that chemical and other ordinary wa and this is that this is the error that we're saying is that that additional stabilizers does not have to transform the the chemical to something that is not ordinary using the beta carotene has multiple generally uses it can be used as a particularly suitable for specific use right and that's that's that's what we're saying that marriage was saying that your honor is quite correctly describes exactly where we're of course contending that that that definition a specific uses injected with legal six six does not allow beta carotene to be classified in chapter twenty nine because because of its use of the as a color now it creates a can't be this product again looking at not looking at the raw beta carotene nine point thirty six six doesn't really apply to this product because it's not really a color and in fact judge even made numerous findings correct findings that this is not principally use of the color and its principal used to beat it specifically is raw chemical again we're talking a beta carotene crystalline which can be under twenty nine anyway but it is something for i didn't think that it could be adding and adding stabilizers that are just simply necessary for the preservation of transport it's a very limited processing and that once you take single raw chemical organic chemical and you've added stabilizers for any other reasons and that takes it out but there's a there's a bunch of products that are listed in an explanatory not at three forty one   but i guess i just not just for the not for the cases that we already have but also visit just looking forward which is concerned that this is now chapter twenty nine is lit and tended to be very limited to cover raw chemical compounds with very limited editions only for purposes of preservation of transport and now this is going to include any sort of additions that can be used for any use that comments are because this is a category that means that nothing would be excluded you know they would be hard to imagine and i think maybe it's easy to develop we put it on roche to identify what kind of specific use would be would be could be found under under this under the trial court's definition otherwise if we're talking about calcium phosphate in the product because it's it's needed to help the product form better for tabulating that would be an example or product would be excluded because it has an ingredient that is being used for specific and application but that's not the stabilizer on for a broad range of uses the very stabilizing gradient that are mentioned in the explanatory notes and there was expert testimony that said they are neither intended to have any effect on time learning they have no effect on  and they are present as is basic stabilizers that are used for the product for a broad range of uses and the product was used for a broad range of uses it was used in tablets a number of pharmaceutical companies purchased this product it actually got use in some pet food products it was actually using conventional foods it retains the character of a general use vitamin provided the the intent behind twenty nine thirty six so your theory is that you were in the even under the government's tribal issue on summary judgment it raised the tribal issue about the functionality of being greedy it was established that they were additive stabilisers that was beyond dispute and was also established as a matter of fact that they were present in amount necessary for preservation and not in stabilisation and not any more than that that was established fact in iraq one that was reaffirmed in roach three what the judge said and wrote one is the government raised an argument that the gelatin and the sucrose have some exceptional properties you take it beyond stabilization and then make the product particularly true for countless in fact if you read in the roche one decision and i can bring you to the page they even went so far as argue that the soup roast  debated have powder uniquely suited for counseling is there anything that was the argument that was raised but during trial no there is absolutely no testimony the only testimony on the record was that the soup rose and the gelatin were neither intended to affect family nor would they have any effect on tablets i think it's significant to note that this beta carotene powder this twenty percent powder cannot be made directly into a tablet you have to be combined with having exceptions is beta carotene twenty percent powder is exactly what the drafters intended to put in twenty nine thirty six because it has the properties of the general use vitamin a profile to make true marketed to  he said a products increased suitability for ordinary application that is the phrase that has the government most troubles and i understand but in the context of this case the judge was responding to the assertions made by the government power and they were able to get it to twenty percent they actually reduced the amount of stabilizers necessary for the product and it obviously had a higher demand for companies that want to have the high potency like a tablet or capsule but it use is used in a broad range of uses it's a very popular product and it is exactly the type of part of the congress intended to be free they want duty free treatment for vitamins and pro vitamins what congress doesn't want it for people to be able to to manipulate a product if you will for a particular range use they want to keep twenty nine thirty six or should general use vitamins and providing to that's exactly what it did and i think if a client if the company had called this product simply beta carotene twenty percent we might not even vitamin d and a successor company if you will d s m nutritional products which purchased the roche item is business within that list of cases there is the beta test twenty product or the in the nutrition field cannot be classified as thirty two of florida believe that because of a large number of these cases will not be impacted whatsoever by the outcome  decision well then i do have a few more minutes and i will simply don't use i don't have to use them well i suppose that i don't know there are a number of contentions made in the government's reply brief i think this argument that if you can rock chemical under nitrogen purge temporarily that therefore you'll never have a stabilized vitamin is well i i disagree and i'll just say that and it was not an argument raised below it was a little bit of a surprise he didn't tablet would would not be a specific use under the explanatory note for note one half i don't think is a fair characterization of the trial court opinion i have no doubt that if judge eaton were we're given a fact pattern where the and obviously the big question about shipping under nitrogen purge no one asks states that products may be stabilised for preservation or transport one of the other in this case the preservation is for the commercial preservation of the products or can be shelf stable it can be used by by the end customers to produce whatever products that they're making and obviously the explanatory accomplish the very stabilizers here so i'm i disagree with the government's arguments on that point and i think we've had everything you have any more questions and rebuttal i would draw your for your on of attention to join appendix pages one seventy nine and one eighty nine specifically the trial testimony at pages two twenty two and twenty twenty three of the transcript and two forty seven to forty eight specifically talk about how the additional agents were added up class sizes an agreement that provides more or less to city to the film to make it more suitable for tattling these were stabilizers that were not added to preserve or transport the raw beta pages two twenty two and two twenty three it's talking about the use that the combination of the right amount of gelatin in this case forcing gelatin the right message to press makes it suitable for dietary supplements page two twenty three  raw terminal which is erroneous as a matter of law because otherwise it doesn't make any sense it just really doesn't make any sense and beta carotene again is not even allowed in chapter twenty nine under twenty nine point thirty six x it's not even allowed because