tag:blogger.com,1999:blog-7184098435551861494.post-57175312705517684322008-07-18T13:22:00.006-04:002008-07-18T15:09:37.958-04:00On July 3, 2008 Judge Donald C. Pogue of the United States Court of International Trade issued an opinion (<a href="http://www.nationaltextile.org/members/library/tariff_descrimination/slip_op_08_73.pdf">SLIP OP. 08-73</a>) in the of Totes-Isotoner Corporation (“Totes”) versus the United States. <br /><br />Totes, a U.S. importer of men’s gloves, in February 2007 challenged the constitutionality of the tariff rate imposed on its imports. Totes claimed that by setting out different tariff rates for certain “Men’s” gloves and other gloves, the Tariff Schedule violated Totes’ right to equal protection under the law because it discriminated on the basis of gender and/or age.<br /><br />The Defendant, the United States, asked the Court to dismiss Totes’ complaint, claiming that the Court lacked jurisdiction over this matter and asserting that the Plaintiff did not have a sufficient stake in the matter so as to possess standing. The government also sought dismissal asserting that Totes’ pleadings failed to state a claim upon which relief can be granted.<br /><br />The Court denied Defendant’s motion to dismiss for lack of jurisdiction. However, the Court found that the Plaintiff’s Complaint did not plead sufficient facts to state a claim of unconstitutional discrimination. The case dismissed without prejudice, leaving Totes with the option of refiling the suit.<br /><br />A similar suit was filed in May 2007 by Target Corp. and its affiliate, Associated Merchandising Corp., in the U.S. Court of International Trade accusing the U.S. of gender discrimination in the tariffs it imposes on items of apparel, footwear and gloves.David Trumbullhttp://www.blogger.com/profile/15081228481450143239noreply@blogger.com