United States Federal Circuit

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Victoria's Secret Direct v. US, 13-1468

In this Harmonized Tariff Schedule of the United States (HTSUS) classification action, plaintiff Victoria’s Secret Direct alleges that the Court of International Trade misclassified two products, the Bra Top and the Bodyshaper, under heading 6114 of the HTSUS instead of under heading 6212. The judgment of the Court of International Trade is affirmed, where: 1) the Bra Top and Bodyshaper are not “similar articles” under heading 6212 because they do not possess the unifying characteristics of the listed items in that heading; and 2) once heading 6212 is ruled out, the two products-at-issue must be classified under heading 6114, and once heading 6114 is chosen, there is no dispute about which subheading applies to each garment.

Appellate Information

  • Decided 10/16/2014
  • Published 10/16/2014

Judges

  • Taranto

Court

  • United States Federal Circuit

Counsel


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