RIDDELL, INC. v. U.S.

No. 2013-1384.

754 F.3d 1375 (2014)

RIDDELL, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 20, 2014.


Attorney(s) appearing for the Case

Daniel J. Gluck , Simon Gluck & Kane LLP, of New York, N.Y., argued for plaintiff-appellant. With him on the brief were Christopher M. Kane and Mariana Del Rio Kostenwein.

Marcella Powell , Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, N.Y., argued for defendant-appellee. With her on the brief were Stuart F. Delery , Assistant Attorney General, Jeanne E. Davidson , Director, of Washington, DC; and Amy M. Rubin , Acting Assistant Director, International Trade Field Office, of New York NY. Of counsel on the brief was Michael W. Heydrich , Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, N.Y.

Before NEWMAN, LOURIE, and TARANTO, Circuit Judges.


TARANTO, Circuit Judge.

Riddell, Inc., challenges the Court of International Trade's upholding of the classification of Riddell's imported football jerseys, pants, and girdles as "articles of apparel" under chapters 61 and 62 of the Harmonized Tariff Schedule of the United States (HTSUS). Riddell, Inc. v. United States, 906 F.Supp.2d 1355, 1368-69 (Ct. Int'l Trade 2013). Riddell contends that the United States Customs...

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