United States Federal Circuit
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.
- Decided 10/16/2014
- Published 10/16/2014
- United States Federal Circuit