CIT Rules on Various Certs Mints
In two March 2008 rulings titled Warner-Lambert Companyv. U.S, the Court of International Trade ruled that mints invoiced as Powerful Mints Spearmint, Certs Peppermint Standard, and Certs Spearmint Standard should be classified as a preparation for oral or dental hygiene under HTS heading 3306.
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On the mints invoiced as Certs Cool Drops, the CIT stated that further facts were necessary to determine if the mints have an essential character of sugar, or if they are primarily fit for use as an oral or dental hygiene product.
Warner-Lambert had claimed that their Powerful Mints Spearmint, Certs Cool Drops, Certs Peppermint Standard, and Certs Spearmint Standard mints were all identical to their Certs Cool Powerful Mints that the Court of Appeals for the Federal Circuithad previously ruled were properly classified under HTS heading 3306.
Background
In a 2004 Warner-Lambert decision, the CIT ruled that Certs Powerful Mints were properly classified under HTS 2106.90.99 (6.4%), as food preparations not elsewhere specified or included. In making this decision, the CIT relied on a monograph published by the Food and Drug Administration in concluding that because "hygiene" relates to the presence of health, preparations for oral hygiene are medicines formulated for the purpose of preserving the health of the mouth or oral cavity.
However, on appeal, the CAFC stated in a decision dated 05/11/05 that nothing in the monograph indicated that "hygiene" requires antimicrobial action. Moreover, the HTS Explanatory Notes to Chapter 33 do not require antimicrobial agents in preparations for oral or dental hygiene. Thus, the CAFC reversed the decision of the CIT and ruled that Certs "Powerful Mints" are properly classified under heading 3306.90.00. This decision formed the basis for the two recent decisions highlighted above.
(See ITT's Online Archives or 06/18/04 news, 04061835, for BP summary of 2004 CIT ruling, and ITT's Online Archives or 05/16/05 news, 05051620, for BP summary of CAFC ruling.)
CIT Slip Op 08-25, Warner-Lambert Companyv. U.S., (dated 03/03/08) available at: http://www.cit.uscourts.gov/slip_op/Slip_op08/08-25.pdf
CIT Slip Op 08-31, Warner-Lambert Company v. U.S., (dated 03/14/08) available at: http://www.cit.uscourts.gov/slip_op/Slip_op08/08-31.pdf