United States Federal Circuit

Judgment of the Court of International Trade dismissing plaintiffs' claim that various classifications in the Harmonized Tariff Schedule of the United States (HTSUS) discriminated on the basis of age or gender in violation of the equal protection component of the Due Process Clause of the Fifth Amendment, is: 1) dismissed in part, as to plaintiff Skiz’s complaint for lack of standing, because it failed to allege that it has suffered a concrete injury; and 2) neither plaintiffs Rack Room nor Forever 21 has pleaded facts sufficient to make plausible their claim that Congress enacted the relevant provisions of the HTSUS with discriminatory intent.

Appellate Information

• Decided 06/12/2013
• Published 06/12/2013

Judges

• REYNA

Court

• United States Federal Circuit

Counsel