Frozen Treat Shouldn't Face Milk Tariffs: Fed. Circ.

Law360, New York (August 11, 2011, 4:54 PM EDT) -- The Federal Circuit on Thursday rejected the U.S. government's argument that an ice cream alternative imported from the Philippines by Arko Foods International Inc. should be considered a milk product for tariff classification purposes.

The appeals court affirmed the Court of International Trade's judgment that neither the importer nor the federal government had correctly classified Arko's mellorine product, as well as its decision to assign it a new tariff subheading altogether. The CIT found in December that the product should have been classified under 2105.00.50 “Ice...
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