With a sugar content exceeding 13|% by weight

Fruit and nuts, uncooked, or cooked by steaming or boiling in water, frozen, whether or not containing added sugar or other sweetening matter The expression ‘frozen’ as defined in the HS General Explanatory Note to this chapter, second paragraph, is also to be seen by the criteria set out in the judgment of the Court of Justice of the European Union in Case 120/75. By analogy, following the Court's interpretation of these criteria in its judgment in Case C-423/09, the process of freezing must give rise to substantial and irreversible changes, with the result that the product is no longer in its natural state. Therefore, products are ‘frozen’ when the products which are subjected to the freezing processes undergo certain irreversible changes as a result of this very process, in particular to the structure of the cells, with the result that these products are no longer in their natural state, even after they have started to thaw or have thawed out completely. See additional note 1 to this chapter, regarding subheadings involving sugar content.