Totes-Isotoner Corp. v. US, No. 09-1113 - Tax Law - Federal Circuit
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Totes-Isotoner Corp. v. US, No. 09-1113

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. 

Read Totes-Isotoner Corp. v. US, No. 09-1113

Appellate Information

Appealed from: United States Court of International Trade

Decided February 5, 2010

Judges

Before: Lourie, Prost and Dyk, Circuit Judges

Opinion by  Dyk,  Circuit Judge

Counsel

For Appellant:   John M. Peterson, Neville Peterson LLP

For Appellee:  Jeanne E. Davidson, US Department of Justice, Director of Commercial Litigation Branch