Importer to Appeal Customs Spat on Baby Formula, Vitamins

Importer Nutricia North America will appeal a December Court of International Trade decision finding that the company's baby formula and vitamins should be classified as food and not as pharmaceutical products (see 2312050028). Nutricia will argue at the U.S. Court of Appeals for the Federal Circuit that its goods, which are meant as dietary supplements for people with disabilities or ailments, fit under duty-free heading 3004 for "mixed or unmixed products for therapeutic or prophylactic use" packaged for retail sale. CBP put the entries under heading 2106, dutiable at 6.4%, as "food preparations not elsewhere specified or included" (Nutricia North America v. United States, CIT # 16-00008).