Over 120 Apparel Gender-Based Tariff Discrimination Cases Await CIT Action

Since the failure of the Totes-Isotoner case on the unconstitutionality of different U.S. tariff rates for men’s and “other” gloves and pending the outcome of a new “test case,” over 120 apparel importers have filed their own suits at the Court of International Trade to challenge the constitutionality of different, gender-based tariff rates for apparel and footwear products.

Gov’t Has Moved to Dismiss Current Test Case, Says Intent to Discriminate not Demonstrated

Trade sources state that action on most or all of the pending cases will be determined by CIT’s action on the current test case filed by Rack Room Shoes, Forever 21 Inc. and Skiz Imports LLC on the constitutionality of various gender-based duties for imported apparel and footwear, which the government moved to dismiss in June 2011.

The government is arguing that these plaintiffs fail to provide a sufficient factual basis to demonstrate that they have been discriminated against or treated unequally without a sufficient Government purpose. The government also claims that the case does not demonstrate a government-intent to discriminate.

Lead Plaintiffs to Respond, Others Could Re-file if Case Dismissed, Etc.

The lead plaintiffs will be given an opportunity to respond to the government’s arguments. Depending on the outcome, the many follow-on cases may ban together to file an Amicus Brief, may re-file with reworked arguments if the test case is dismissed, etc.

(See ITT’s Online Archives or 08/07/07, 02/10/10, 05/18/10 and 10/06/10 news, 07080725, 10021020, 10051864, 10100605, for BP summaries of Totes-Isotoner filing cases alleging gender and age bias in U.S. tariff rates; the CAFC ruling against Totes-Isotoner; the company asking the Supreme Court to review the case; and the Supreme Court announcing it would not hear the case.)

Government motion to dismiss available by emailing documents@brokerpower.com