US Opposes Importer's Bid to Stay Enforcement of Judgment Pending Appeal in Customs Spat
The U.S. opposed a motion at the Court of International Trade from importer Nature's Touch Frozen Foods (West) seeking a stay of enforcement of judgment pending appeal in a customs spat on frozen fruit mixtures. The government said that a stay is "unnecessary and not contemplated by the law for this type of case" since Section 1581(a) of CIT's jurisdiction statute tells CBP "not to effectuate a judgment until it becomes final." Since the case is being appealed to the U.S. Court of Appeals for the Federal Circuit, the trade court's judgment is not final (Nature's Touch Frozen Foods (West) v. United States, CIT # 20-00131).
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In the case, the trade court said 14 types of frozen fruit mixtures should be classified under Harmonized Tariff Schedule subheading 0811.90.80 as "other" frozen fruits, dutiable at 14.5% (see 2305260048). The court said that the goods are properly classified under heading 0811 since the term "Fruit ... frozen" describes these goods in whole.