CAFC Issues Mandate in StarKist's Tuna Salad Classification Case

The U.S. Court of Appeals for the Federal Circuit issued a mandate on May 23 in a classication case affirming a 35% duty rate for StarKist's tuna salad pouches in agreement with CBP's classification following its March 30 opinion that upheld a previous decision by the Court of International Trade (see 2203300033). StarKist challenged CBP's classification under subheading 1604.14.10, which provides for prepared or preserved fish, including tuna, whole or in pieces, "but not minced" and "in oil."

The Federal Circuit found no error in CIT's earlier ruling that the tuna was not minced because the processing produced pieces "roughly chopped," rather than "separated into very small pieces," and that it was "in oil" because, "the oil in the tuna salad products was introduced to the fish prior to packing and ... is not merely incidental."