(CN) – An almond brittle snack called Almond Crunch was properly classified for trade purposes as “preserved almonds” and not “fresh or dried nuts,” the Court of International Trade ruled.
Mrs. May’s Naturals challenged the former classification, set by U.S. Customs officials, for the snack containing almonds, rice malt and sugar.
The trade court affirmed summary judgment for the government.
“[E]ither Mrs. May’s did not research all … provisions relating to almonds before filing its complaint or summary judgment briefs,” Chief Judge Restani wrote, “or Mrs. May’s strategically chose not to pursue an alternative argument that Almond Crunch is classifiable under [another] heading.”
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