Aromont USA, Inc. v. United States

671 F.3d 1310 (2012)

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Aromont USA, Inc. v. United States

United States Court of Appeals for the Federal Circuit
671 F.3d 1310 (2012)

Facts

Aromont USA, Inc. (Aromont) (plaintiff) imported flavoring products for use in food. United States Customs and Border Patrol (customs) (defendant) classified the flavoring products as preparations for soups and broths under heading 2104 of the Harmonized Tariff Schedule of the United States (HTSUS). Aromont challenged this classification, arguing that the flavoring products must have been classified as other food preparations under subheading 2106.90.99. Aromont argued that although these flavoring products were sometimes used in making broths, they were more frequently used to add flavor notes to foods. Because the flavoring products did not reconstitute easily with water, however, the broths would come out cloudy. Further, the flavorings were too expensive to be used as soups or broths in comparison to other products on the market. Although Aromont advertised that the flavorings could be used for soups, it also advertised many other uses, such as in sauces and glazes. The United States Court of International Trade granted summary judgment in favor of Aromont, and customs appealed.

Rule of Law

Issue

Holding and Reasoning (Dyk, J.)

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