Frozen Fruit Mixtures Importer Asks CIT to Stay Judgment Pending Appeal

Nature's Touch Frozen Foods (West) asked the Court of International Trade to stay a court order for CBP to reliquidate entries of its imported mixtures while the importer pursues an appeal of the relevant CIT decision, issued in May (see 2305260048). CIT had found the importer'ws frozen fruit mixtures classifiable under the basket tariff subheading 0811.90.80 pf the Harmonized Tariff Schedule of the U.S. as "other" frozen fruits, dutiable at 14.5%, rather than under a duty-free classification under subheading 2106.90.98 as “[f]ood preparations not otherwise specified or included," as advocated by Nature's Touch.

The company said that the purpose of the requested stay is to "preserve the status quo" and prevent "irreparable harm" while it pursues its appeal before the U.S. Court of Appeals for the Federal Circuit, a move it announced in a June 23 notice (see 2306230055). Reliquidation of subject entries would moot the appeal as to those entries and, if the CIT's judgment is ultimately confirmed on appeal, the government would not be harmed by the granting of the stay and a delay in the relief requested, Nature's Touch said. If CAFC, however, disagrees with the CIT's opinion, any refunds that would be granted to Nature's Touch from such a reversal would be available only if the CIT had stayed the reliquidation.

Nature's Touch also said that the public interest is served by a stay of judgment. Because customs protest cases uniquely charge the court with finding the correct result, regardless of which positions are taken by the parties, the public is best served "by having the broadest range of products before the Federal Circuit for its consideration," Nature's Touch said.