CIT Sends Customs Suit on Novelty Blanket Sweater to Bench Trial

The Court of International Trade in a text-only June 12 order sent a customs case on importer Cozy Comfort's wearable blanket, the "Comfy," to trial after the company claimed that there was a genuine factual dispute at issue in the case. Judge Stephen Vaden ordered a bench trial for the case to be held Oct. 21 following oral argument on June 12 (Cozy Comfort Co. v. United States, CIT # 22-00173).

The government classified the Comfy under Harmonized Tariff Schedule heading 6110 as a pullover or similar article, while Cozy Comfort said the garment should fall under heading 6301 as a blanket, heading 6307 as "other made-up textile articles" or 6114 as "other garments."

Cozy Comfort said summary judgment is inappropriate for the case since "there are numerous material facts in genuine dispute" (see 2312120068). The importer said the parties "fundamentally disagree over the meaning of the terms 'pullover' and 'similar articles' as used in" HTS heading 6110. In addition, there are genuine disagreements on the "length, weight, and thickness of" the Comfy, the "construction and other characteristics" of the garment and the use of the item.

The U.S. in response said there wasn't any factual dispute and instead there was merely a disagreement on the "legal criteria" (see 2401120063).