CIT Assigns Tariff Classification for Frozen Fruit Mixture Imports

The Court of International Trade upheld parts and sent back parts of CBP's classification of importer Nature's Touch Frozen Foods' 14 different mixtures of frozen fruit, five of which have frozen vegetable ingredients. Judge Stephen Vaden said the merchandise is properly classified under Harmonized Tariff Schedule heading 0811 since the term "Fruit ... frozen" describes these goods in whole. However, this term does not cover the five mixture types with vegetable ingredients, though the judge added that Nature's Touch's preferred heading, 2106, does not fit either. Vaden ultimately found that the goods are properly classified under subheading 0811.90.80, dutiable at 14.5%, despite both parties' objections that this subheading excludes mixtures.