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RACK ROOM SHOES v. U.S.

Slip Op. 12-18. Court No. 07-00404.

821 F.Supp.2d 1341 (2012)

RACK ROOM SHOES, SKIZ Imports LLC, and Forever 21, Incorporated, Plaintiffs, v. UNITED STATES, Defendant.

United States Court of International Trade.

February 15, 2012.

Attorney(s) appearing for the Case

John M. Peterson, George W. Thompson, Maria E. Celis, Russell A. Semmel, and Richard F. O'Neill, Neville Peterson LLP, of New York, NY, for the Plaintiff, Rack Room Shoes.

Michael T. Cone, McCullough Ginsberg Montano & Partners LLP, of New York, NY, for the Plaintiff, SKIZ Imports LLC.

Damon V. Pike, The Pike Law Firm P.C., of Decatur, GA, for the Plaintiff, Forever 21, Inc.

Reginald T. Blades, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for the Defendant. With him on the briefs were Tony West, Assistant Attorney General; Jeanne E. Davidson, Director; and Aimee Lee, Trial Attorney. Of counsel on the briefs were, Yelena Slepak, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, and Leigh Bacon, Office of the General Counsel, United States Trade Representative.

Before: DONALD C. POGUE, Chief Judge, JANE A. RESTANI, Judge, JUDITH M. BARZILAY, Sr. Judge.

OPINION

POGUE, Chief Judge:

In this action, Plaintiff Rack Room Shoes and other United States importers assert that certain glove, footwear and apparel tariffs violate the Equal Protection Clause of the Constitution. U.S. Const. amend. XIV, § 1, cl. 2. Specifically, Plaintiffs argue that because the Harmonized Tariff Schedule of the United States ("HTSUS") uses the gender and age of intended users of certain imported products to distinguish between...

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