Legal Opinion
Nissho-Iwai American Corp. v. United States
United States Court of International Trade
Decided March 31, 1987No. Court 84-4-00594PublishedCited by 2 opinions
1Opinion of the Court
OPINION
TSOUCALAS, Judge:
This action is before the Court for decision after trial. It presents a novel question concerning the dichotomy created by Schedule 3, TSUS, and relevant case law, between ornamented and nonornamented apparel.
Background
The subject merchandise consists of children’s warm-up suits embroidered with a trademark of Nike, Inc. 1 (“Nike”) on the chest portion. The entries were liquidated in 1983 under the following provision for ornamented apparel:
Women’s, girls’, or infants’ lace or net wearing apparel, whether or not ornamented, and other women’s, girls’, or infants’…
2Cases cited19 opinions
- South Corporation and Seal Fleet, Inc. v. The United StatesCourt of Appeals for the Federal Circuit · 1982
- Nippon Kogaku (USA), Inc. v. United StatesCourt of Customs and Patent Appeals · 1982
- Koscherak v. United StatesCourt of Appeals for the Second Circuit · 1899
- Amersham Corp. v. United StatesUnited States Court of International Trade · 1983
- Amersham Corporation v. The United StatesCourt of Appeals for the Federal Circuit · 1984
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3Cited by2 opinions
- Nissho Iwai American Corp. v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- B & E Sales Co. v. United StatesUnited States Court of International Trade · 1988