CIT Denies Bid for Stay of Judgment Enforcement Pending Appeal in Customs Spat
The Court of International Trade in a July 17 order denied importer Nature's Touch Frozen Foods (West)'s motion for stay of enforcement of judgment pending appeal in a customs dispute on the classification of frozen fruit mixtures. Judge Stephen Vaden said that in light of the U.S. claim that it will "take no action to reliquidate the entries at issue" until the importer's appeal is resolved, the court dismisses the motion as moot (Nature's Touch Frozen Foods (West) v. U.S., CIT # 20-00131).
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The trade court said 14 types of frozen fruit mixtures should be classified under Harmonized Tariff Schedule subheading 0811.90.80 as "other" frozen fruits, dutiable at 14.5% (see 2305260048). The court said the goods are properly classified under heading 0811 because the term "Fruit ... frozen" describes these goods in whole.
The U.S. opposed the stay, saying it was unnecessary and "not contemplated by the law for this type of case" (see 2307140032).