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TOTES-ISOTONER CORP. v. U.S.

Slip Op. 08-73. Court No. 07-00001.

569 F.Supp.2d 1315 (2008)

TOTES-ISOTONER CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 3, 2008.

Attorney(s) appearing for the Case

Neville Peterson, LLP (John M. Peterson, Curtis W. Knauss, Matthew G. Shaw, and Michael T. Cone), New York City, for Plaintiff.

Gregory G. Katsas, Acting Assistant Attorney General; Jeanne E. Davidson, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Reginald T. Blades, Jr., Aimee Lee, David S. Silverbrand and Gardner B. Miller) and, of counsel, Yelena Slepak, Office of Assistant Chief Counsel, U.S. Customs and Border Protection and Elizabeth Baltzan, Office of General Counsel, United States Trade Representative, for Defendant United States.

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

OPINION

POGUE, Judge.

In this action, Plaintiff, Totes-Isotoner Corporation ("Totes"), a U.S. importer of men's gloves, challenges the constitutionality of the tariff rate imposed on its imports. Totes claims that by setting out different tariff rates for certain "Men's" gloves and other gloves, the Tariff Schedule violates Totes' right to equal protection under the law because it discriminates on the basis of gender and/or age.

The Defendant...

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