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RACK ROOM SHOES v. U.S.

Slip Op. 12-70. Court No. 07-00404.

856 F.Supp.2d 1291 (2012)

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

United States Court of International Trade.

June 1, 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.

Tony West , Assistant Attorney General, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for the Defendant. With him on the briefs were Jeanne E. Davidson , Director; Reginald T. Blades, Jr. , Assistant 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.

MEMORANDUM AND ORDER

POGUE, Chief Judge:

In this action, Plaintiff Rack Room Shoes, Inc. ("Rack Room"), together with other United States importers, allege, in their Amended Complaints, that certain glove, footwear and apparel tariff classifications violate the Equal Protection Clause of the Constitution. U.S. Const. amend. XIV, § 1, cl. 2. The court dismissed the complaints in Rack Room Shoes v. United States, 36 CIT ___,

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