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CIT Sustains Government's Classification of Nutritional Preparations

The Court of International Trade in a Dec. 4 opinion granted the government's cross-motion for summary judgment on the classification of various nutritional preparations meant for use by patients with medical conditions. Judge Timothy Stanceu sustained CBP's classification of the…

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five imported goods at issue, all medical foods intended for infants and toddlers, under Harmonized Tariff Schedule subheading 2106.90.9998, dutiable at 6.4%, instead of importer Nutricia North America's preferred subheading of 3004.50.5040, free of duty. The judge said the five products are "food preparations" fitting under heading 2106 and not "medicaments" as listed under heading 3004.