In plaintiff's claim that the Harmonized Tariff Schedule of the United States unconstitutionally denies equal protection of the laws by imposing different rates of duty on seamed leather gloves "for men" and seamed leather gloves "for other persons", judgment of the United States Court of International Trade dismissing the claim is affirmed where: 1) the CIT's judgment concluding that it had jurisdiction under section 1581(i), that plaintiff has standing to bring its claims, and that plaintiff's equal protection claims are justiciable is affirmed; but 2) plaintiff has failed to state an equal protection claim due to its failure to plead facts sufficient to allege a claim of unconstitutional discrimination.
Appealed from: United States Court of International Trade
Decided February 5, 2010
Opinion by Dyk, Circuit Judge
For Appellee: Jeanne E. Davidson, US Department of Justice, Director of Commercial Litigation Branch