Legal Opinion

Outerwear v. United States

United States Court of International Trade

Decided July 23, 1985No. Court No. 82-1-00011Published

1Opinion of the Court

DiCarlo, Judge:

Garments invoiced as "men’s 100% nylon woven jackets” (jackets) imported from Taiwan were classified by the United States Customs Service (Customs) as "Other men’s or boys’ wearing apparel, not ornamented: * * * Of man-made fibers: Not knit” under item 380.84, Tariff Schedules of the United States (TSUS), at a rate of duty of 25 cents per pound and 27.5% ad valorem.

Plaintiff claims that the jackets are properly classifiable under item 376.56, TSUS, at a rate of duty of 16.5% ad valorem, as:

Garments designed for rainwear, hunting, fishing, or similar uses, wholly or almost…

2Cases cited8 opinions

  1. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  2. Reiter v. Sonotone Corp.Supreme Court of the United States · 1979
  3. American Tobacco Co. v. PattersonSupreme Court of the United States · 1982
  4. Eidman v. MartinezSupreme Court of the United States · 1902
  5. American Astral Corp. v. United StatesUnited States Customs Court · 1969

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