Legal Opinion
Lerner New York, Inc. v. United States
United States Court of International Trade
Decided May 1, 2013No. Slip Op. 13-56; Court 07-00361PublishedCited by 10 opinions
1Opinion of the Court
OPINION
STANCEU, Judge:
Plaintiff Lerner New York, Inc. (“Lerner”) 1 brought this action to contest the tariff classification that U.S. Customs and Border Protection (“Customs” or “CBP”) applied to a women’s garment made of predominantly-nylon knitted fabric and containing an interior fabric insert marketed as a “shelf bra.” The garment, Lerner style number 9843233, was marketed under the description “Bodyshaper” and imported by Lerner in July 2005. Compl. ¶¶ 7, 15 (Oct. 10, 2007), ECF No. 2; PL’s Ex. 1. The garment is worn on the upper body, has narrow straps, and has no shoulder or neck…
2Cases cited23 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Jarvis Clark Co. v. United StatesCourt of Appeals for the Federal Circuit · 1984
- Orlando Food Corp. v. StatesCourt of Appeals for the Federal Circuit · 1998
- Carl Zeiss, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 1999
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3Cited by10 opinions
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- Specialty Commodities Inc. v. United StatesUnited States Court of International Trade · 2016
- G.G. Marck & Assocs., Inc. v. United StatesUnited States Court of International Trade · 2015
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