Importer Moves to Consolidate Incontinence Apparel Classification Cases

The Court of International Trade should consolidate two classification cases concerning imported incontinence apparel, medical textile contractor Viecura told the court in a March 23 motion. Consolidation would "promote a speedy, just, and inexpensive resolution of cases" and is preferable to the designation of a test case because "the sole issue in these two cases is the same," Viecura said. It also would prevent the need to litigate two cases, while the court resolves the sole issue, Viecura said (Viecura v. U.S., CIT #s 21-00154, -00546).

In both cases, garments imported by Viecura were liquidated under Harmonized Tariff Schedule subheading 6108.22.9020 as “Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted...;” with a duty rate of 15.6% plus a Section 301 duty of 7.5%. Viecura protested the liquidations, asserting the goods should have been classified under the duty-free subheading 9817.00.96, as “Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped person.”

CBP denied the protests in 2021 and Viecura sued. Both cases have been idle for over a year.