Hartog Foods International Inc. v. United States

Background

Musgrave, Judge:

Plaintiff Hartog Foods International (“Hartog”) imported apricot, peach and pear concentrate from 1984 until 1986. The merchandise was invoiced as “32 Brix”1 “apricot [or peach or pear] concentrate” or “apricot [or peach or pear] puree concentrate,” with or without other qualifying language. The products so imported shall be referred to collectively as “the concentrated fruits.” Customs classified the merchandise under the following Items in Schedule 1, Part 9 of the TSUS:

Subpart C. — Fruit Flours, Peels, Pastes, Pulps, Jellies, Jams, Marmalades and Butters

Fruit…