Charles Jacquin Et Cie, Inc. v. United States

DiCarlo, Judge:

This action concerns the proper tariff classification of spreadable fruit products made from black cherries, peaches, apricots *804and plums which were imported from France. Customs classified the merchandise under various provisions of the Tariff Schedule of the United States for “prepared or preserved fruit.” Plaintiff asserts the merchandise is classifiable as “jam” under item 153.32, TSUS. Plaintiff moves for summary judgment under Rule 56(a) of the Rules of this Court.

The Court finds there to be a genuine issue of material fact as to the proper classification of the…