Rack Room Shoes v. United States , 856 F. Supp. 2d 1291 ( 2012 )


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  •                             SLIP OP 12 -70
    UNITED STATES COURT OF INTERNATIONAL TRADE
    RACK ROOM SHOES, SKIZ
    IMPORTS LLC, and            Before: Donald C. Pogue, Chief Judge
    FOREVER 21,                         Jane A. Restani, Judge
    INCORPORATED,                       Judith M. Barzilay, Sr. Judge.
    PlaintiffS,       Consol. Court No. 07-00404
    v.
    UNITED STATES,
    Defendant.
    MEMORANDUM AND ORDER
    [Plaintiff’s motion for reconsideration is denied.]
    Dated: June 1, 2012
    John M. Peterson, George W. Thompson, Maria E. Celis,
    Russell A. Semmel, and Richard F. O’Neill, Neville Peterson LLP,
    of New York, NY, for the Plaintiff, Rack Room Shoes.
    Michael T. Cone, McCullough Ginsberg Montano & Partners LLP,
    of New York, NY, for the Plaintiff, SKIZ Imports LLC.
    Damon V. Pike, The Pike Law Firm P.C., of Decatur, GA, for
    the Plaintiff, Forever 21, Inc.
    Tony West, Assistant Attorney General, Commercial Litigation
    Branch, Civil Division, United States Department of Justice, of
    Washington, DC, for the Defendant. With him on the briefs were
    Jeanne E. Davidson, Director; Reginald T. Blades, Jr., Assistant
    Director, and Aimee Lee, Trial Attorney. Of counsel on the
    briefs were, Yelena Slepak, Office of Assistant Chief Counsel,
    International Trade Litigation, United States Customs and Border
    Protection, and Leigh Bacon, Office of the General Counsel,
    United States Trade Representative.
    Pogue, Chief Judge: In this action, Plaintiff Rack Room
    Shoes, Inc. (“Rack Room”), together with other United States
    Consol. Court No. 07-00404                                     Page 2
    importers, allege, in their Amended Complaints, that certain
    glove, footwear and apparel tariff classifications violate the
    Equal Protection Clause of the Constitution.    U.S. Const. amend.
    XIV, § 1, cl. 2.    The court dismissed the complaints in Rack Room
    Shoes v. United States, 36 CIT __, 
    821 F. Supp. 2d 1341
    (2012)(dismissing for failure to state a plausible claim of
    intent to discriminate).1
    Rack Room, pursuant to USCIT Rule 59, now seeks
    reconsideration of the court’s dismissal.2    Rack Room asserts
    that there was legal error in the court’s 1) failure to make
    necessary findings of fact, and 2) failure to articulate the
    applicable pleading standard or reconcile such a standard with
    USCIT Rule 9(b).
    Because Rack Room’s assertions are incorrect, as
    explained below, its motion for rehearing is denied.
    STANDARD OF REVIEW
    The court will grant a rehearing when there has been:
    “1) an error or irregularity, 2) a serious evidentiary flaw, 3)
    the discovery of new evidence which even a diligent party could
    not have discovered in time, or 4) an accident, unpredictable
    1
    Familiarity with the court’s earlier opinion is presumed.
    2
    USCIT Rule 59 provides that a “court may . . . grant a
    . . . rehearing for any reason for which a rehearing has
    heretofore been granted in a suit in equity in federal court.”
    Consol. Court No. 07-00404                                   Page 3
    surprise or unavoidable mistake which impaired a party’s ability
    to adequately present its case.”   See, e.g., Target Stores v.
    United States, 
    31 CIT 154
    , 156, 
    471 F. Supp. 2d 1344
    , 1347
    (2007).   However, the court does not grant a motion for rehearing
    merely to permit the losing party another chance to re-litigate
    the case.   USEC, Inc. v. United States, 
    25 CIT 229
    , 230, 
    138 F. Supp. 2d 1335
    , 1336 (2001). Rather, the moving party must show
    that the court committed a “fundamental or significant flaw” in
    the original proceeding.   
    Id.
    DISCUSSION
    Rack Room first asserts that the court failed to make
    necessary findings of fact with regard to each provision of the
    Harmonized Tariff Schedule of the United States (“HTSUS”)
    challenged in the prior proceeding.   Specifically, Rack Room
    claims that the court failed to find that each challenged
    provision was not facially discriminatory before proceeding to
    dismiss the case.3
    But classification is an inherent part of the HTSUS and
    therefore a claim of facial discrimination in the HTSUS,
    specifically in classifications that include only a reference to
    age or gender, will be unavailing.    Leathers v. Medlock, 
    499 U.S. 3
    Plaintiffs have repeatedly, and incorrectly, conflated
    neutral classifications present throughout the HTSUS with the
    type of facial discrimination, arising from invidious intent,
    that is necessary to a finding of facial discrimination.
    Consol. Court No. 07-00404                                     Page 4
    439, 451 (1991) (“Inherent in the power to tax is the power to
    discriminate in taxation.”); Totes-Isotoner Corp. v. United
    States, 
    594 F.3d 1346
    , 1357, 1359 (Fed. Cir. 2010), cert. denied,
    
    131 S. Ct. 92
     (2010), (“[W]e . . .   cannot assume that this
    differential treatment of different goods is invidious.”)(Proust,
    J., concurring)(noting also that gender- or age-based tariff
    classifications which impose burdens on importers rather than
    “gender- or age-based classes of people” are not facially
    discriminatory).   Thus, no separate fact-finding step is
    necessary, with regards to each individual HTSUS subheading that
    the Plaintiff challenges, because the gender- and age-based
    classifications at issue, regardless of which specific subheading
    is referred to, are not facially discriminatory.4
    Moreover, there is no difference in the form of the
    multiple classifications that Plaintiffs challenge.   Compare
    subheadings 4203.29.30 (men’s gloves) and 4203.29.40 (gloves for
    “other persons”), which were challenged in Totes-Isotoner Corp.
    v. United States, 
    32 CIT 739
    , 
    569 F. Supp. 2d 1315
     (2008), with
    6403.99.60 (footwear for men, youths, and boys) and 6403.99.90
    (footwear for women), which are among the many tariff subheadings
    4
    Furthermore, as the government correctly notes, Plaintiffs
    overlook that this case was dismissed pursuant to USCIT Rule
    12(b)(5). Therefore, Plaintiffs’ argument that we failed to make
    the necessary findings of fact under USCIT Rule 52(a)(1) must
    fail.
    Consol. Court No. 07-00404                                   Page 5
    challenged by the Plaintiffs.   With regards to both
    classifications, the first heading makes reference to the gender
    or age of the intended user, then the classification further
    distinguishes items by characteristics such as the presence of
    lining, material, or simply states the name of the item.5    The
    facial form of all challenged headings is the same.    See Appendix
    A (listing all headings challenged by Plaintiffs).
    Plaintiff’s second alleged basis for reconsideration
    asserts that the court overlooked USCIT Rule 9(b) when ruling
    that Plaintiffs must plead sufficient facts to plausibly show
    that Congress had an invidious intent to discriminate in adopting
    the challenged HTSUS provisions.6   This claim also fails.
    USCIT Rule 9(b) states that “[m]alice, intent,
    knowledge, and other conditions of a person’s mind may be alleged
    5
    If anything, close examination of the subheadings reveals
    that the intended user’s gender and/or age is but one of many
    factors taken into consideration when classifying imports. Most
    often, the provisions are concerned with the materials of which
    the goods are made or the manufacturing process of the item,
    e.g., knitted. Moreover, these are not actual use provisions so
    they create no requirement that the goods be used by purchasers
    of a particular sex or age. Accordingly, the reference to the
    intended user’s gender and age cannot be considered invidious
    intent to discriminate.
    6
    Plaintiff also claims, oddly, that the court failed to
    articulate the pleading standard on which its prior decision was
    based. But our prior opinion states quite clearly that
    Plaintiffs were required to allege sufficient facts to make out a
    plausible claim of invidious intent to discriminate. Rack Room
    Shoes, 36 CIT at __, 821 F. Supp. 2d at 1346. This claim,
    therefore, is also unavailing.
    Consol. Court No. 07-00404                                      Page 6
    generally.”    USCIT R. 9(b).     It follows, certainly, that intent
    may be alleged generally.    Nonetheless, Plaintiffs must also
    allege facts sufficient to raise a plausible claim.      See, e.g.,
    Bell Atlantic Corp. v. Twombly, 
    550 U.S. 544
    , 555 (2007); Totes-
    Isotoner, 
    594 F.3d at 1358
     (holding that plaintiffs claiming
    discrimination are “required to allege facts sufficient to
    establish a governmental purpose to discriminate”).      Rather than
    being mutually exclusive, as Plaintiffs seem to suggest, the now-
    familiar Twombly standard, with its threshold plausibility
    requirement, is supplemental to, and informs the application of,
    Rule 9(b).    Accordingly, our dismissal of Plaintiffs’ Amended
    Complaints for failure to state a plausible claim is not
    inconsistent with USCIT Rule 9(b).
    CONCLUSION
    For the forgoing reasons, Plaintiff’s motion for rehearing
    is denied.
    So Ordered.
    /s/ Donald C. Pogue
    Donald C. Pogue, Chief Judge
    Dated:       June 1, 2012
    New York, New York
    Consol. Court No. 07-00404
    Appendix of challenged Tariff classifications1
    Imported Female Product        Imported Male Product
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    1
    Subheading: 19.70: Sports      Subheading: 19.40: Sports
    footwear, Other, For other     footwear, Other, For men,
    persons, Other                 youths and boys, Other,
    Other
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    2
    Subheading: 19.50: Sports      Subheading: 19.30: Sports
    footwear, Other, For other     footwear, Other, For men,
    persons, Golf Shoes            youths and boys, Other, Golf
    Shoes
    1
    The court has organized the bare HTSUS heading numbers
    that Plaintiffs submitted in support of their argument that these
    provisions facially discriminate based on gender or age.
    However, Plaintiffs’ submissions contained multiple
    miscategorizations and factual errors, including but not limited
    to mislabeling the category under which the tariff heading
    allegedly discriminates and not correcting for repeated listings
    of HTSUS headings. This appendix represents our best effort to
    correct these mistakes and present them in a clear and organized
    manner.
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    3
    Subheading: 51.90: Other       Subheading: 51.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Covering the ankle,   leather, Covering the ankle,
    Other, Other, For other        Other, Other, For men,
    persons                        youths and boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    4
    Subheading: 59.90: Other       Subheading: 59.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Other, Other,         leather, Other, Other,
    Other, For other persons       Other, For men, youths, and
    boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    5
    Subheading: 91.90: Other       Subheading: 91.60: Other
    footwear, Covering the         footwear, Covering the
    ankle, Other, Other, For       ankle, Other, Other, For
    other persons                  men, youths, and boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    6
    Subheading: 99.75: Other       Subheading: 99.60: Other
    footwear, Other, Other,        footwear, Other, Other,
    Other, Other, For other        Other, For men, youths, and
    persons, Valued not over       boys
    $2.50
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    7
    Subheading: 99.75: Other       Subheading: 99.60: Other
    footwear, Other, Other,        footwear, Other, Other,
    Other, Other, For other        Other, For men, youths, and
    persons, Valued over $2.50     boys
    Heading: 6406: Parts of        Heading: 6406: Parts of
    footwear (including uppers     footwear (including uppers
    whether or not attached to     whether or not attached to
    soles other than outer         soles other than outer
    soles); removable insoles,     soles); removable insoles,
    heel cushions and similar      heel cushions and similar
    articles; gaiters, leggings    articles; gaiters, leggings
    and similar articles, and      and similar articles, and
    8
    parts thereof                  parts thereof
    Subheading: 10.10: Uppers      Subheading: 10.05: Uppers
    and parts thereof, other       and parts thereof, other
    than stiffeners, Formed        than stiffeners, Formed
    uppers, Of leather or          uppers, Of leather or
    composition leather, For       composition leather, For
    other persons                  men, youths, and boys
    Heading: 6206: Women’s or      Heading: 6205: Men’s or
    girl’s blouses, shirts, and    boy’s shirts
    short-blouses
    Subheading: 90.10: Of
    9      Subheading: 10.0040: Of     other textile materials, Of
    silk or silk waste,            silk or silk waste,
    Containing 70 percent or       Containing 70 percent or
    more by weight or silk of      more by weight of silk or
    silk waste                     silk waste
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    10
    Subheading: 59.90: Other       Subheading: 59.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, for other persons     leather, for men, youths,
    and boys
    Consol. Court No. 07-00404
    Heading: 6206: Women’s or      Heading: 6205: Men’s or
    girl’s blouses, shirts, and    boy’s shirts
    short-blouses
    11
    Subheading: 20.20: Of
    Subheading: 30.30: Of       cotton, Other
    cotton, Other
    Heading: 6102: Women’s or      Heading: 6101: Men’s or
    girl’s overcoats, carcoats,    boy’s overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers, and similar      windbreakers, and similar
    articles, knitted or           articles, knitted or
    crocheted, other than those    crocheted, other than those
    12
    of heading 6104                of heading 6103
    Subheading: 30.10: Of          Subheading: 30.15: Of
    man-made fibers, Other,        man-made fibers, Other,
    Containing 23 percent or       Containing 23 percent or
    more by weight of wool or      more by weight of wool or
    fine animal hair               fine animal hair
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    13
    crocheted
    Subheading: 10.40: Suits,
    Subheading: 19.10: Suits,   Of other textile materials,
    Of other textile materials,    Of artificial fibers,
    Of artificial fibers,          Containing 23 percent or
    Containing 23 percent or       more by weight of wool or
    more by weight of wool or      fine animal hair
    fine animal hair
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    14   shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 31.00: Suit-
    Subheading: 31.00: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   wool or fine animal hair
    wool or fine animal hair
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    15   shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 32.00: Suit-
    Subheading: 32.00: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   cotton
    cotton
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    16   swimwear), knitted or          crocheted
    crocheted
    Subheading: 33.10: Suit-
    Subheading: 33.10: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   synthetic fibers, Containing
    synthetic fibers, Containing   23 percent or more by weight
    23 percent or more by weight   of wool or fine animal hair
    of wool or fine animal hair
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    17
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 39.10: Suit-
    Subheading: 39.10: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   other textile materials, Of
    other textile materials, Of    artificial fibers
    artificial fibers
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    18
    crocheted
    Subheading: 41.20:
    Subheading: 61.0030:        Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of wool or fine
    shorts, Of wool or fine        animal hair, Bib and brace
    animal hair, Bib and brace     overalls
    overalls
    Heading: 6106: Women’s or      Heading: 6105: Men’s or
    girl’s blouses, and shirts,    boy’s shirts, knitted or
    knitted or crocheted           crocheted
    19
    Subheading: 20.10: Of          Subheading: 20.10: Of
    man-made fibers, Containing    man-made fibers, Containing
    23 percent or more by weight   23 percent or more by weight
    of wool or fine animal hair    of wool or fine animal hair
    Consol. Court No. 07-00404
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    20   dressing gowns and similar     knitted or crocheted
    articles, knitted or
    crocheted                         Subheading: 11.00:
    Underpants and briefs, Of
    Subheading: 21.00: Briefs   cotton
    or panties, Of cotton
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    21
    articles, knitted or
    crocheted                         Subheading: 12.10:
    Underpants and briefs, Of
    Subheading: 22.90: Briefs   man-made fibers
    or panties, Of man-made
    fibers, Other
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    articles, knitted or
    22
    crocheted                         Subheading: 19.10:
    Underpants and briefs, Of
    Subheading: 29.10: Briefs   other textile materials,
    or panties, Of other textile   Containing 70 percent or
    materials, Containing 70       more by weight of wool or
    percent or more by weight of   fine animal hair
    wool or fine animal hair
    Consol. Court No. 07-00404
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    23
    articles, knitted or
    crocheted                         Subheading: 19.90:
    Underpants and briefs, Of
    Subheading: 29.90: Briefs   other textile materials,
    or panties, Of other textile   Other
    materials, Other
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    24
    articles, knitted or
    crocheted                         Subheading: 11.00:
    Underpants and briefs, Of
    Subheading: 91.0005:        cotton
    Other, Of cotton, Underwear,
    Underpants
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    25
    Subheading: 91.10:             Subheading: 91.10:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers, and    jackets), windbreakers, and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of wool or fine animal hair,   Of wool or fine animal hair,
    Padded, sleeveless jackets     Padded, sleeveless jackets
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    26
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 19.10: Suits,
    Subheading: 12.00: Suits,   Of other textile materials,
    Of cotton                      Of cotton
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    27   brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheadings: 19.30:
    Subheadings: 19.20:         Suits, Of other textile
    Suits, Of other textile        materials, Other
    materials, Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    28   shorts (other than swimwear)
    Subheading: 41.20:
    Subheading: 61.9040:        Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Bib and brace
    shorts, Other, Bib and brace   overalls
    overalls
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    29   shorts (other than swimwear)
    Subheading: 43.40:
    Subheading: 63.35:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of synthetic fibers,
    shorts, Of synthetic fibers,   Other
    Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    30                                     Subheading: 49.10:
    Subheading: 69.10:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of other textile
    shorts, Of other textile       materials, Of artificial
    materials, Of artificial       fibers, Bib and brace
    fibers, Bib and brace          overalls
    overalls
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    31                                     Subheading: 49.20:
    Subheading: 69.25:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of other textile
    shorts, Of artificial          materials, Of artificial
    fibers, Trousers, breeches     fibers, Trousers, breeches
    and shorts, Other              and shorts, Other
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    32                                     Subheading: 49.40:
    Subheading: 69.40:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of other textile
    shorts, Of artificial          materials, Containing 70
    fibers, Of silk or silk        percent or more by weight of
    waste, Containing 70 percent   silk and silk waste
    or more by weight of silk
    and silk waste
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    33
    Subheading: 49.80:
    Subheading: 69.60:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of other textile
    shorts, Of artificial          materials, Other
    fibers, Of silk or silk
    waste, Other
    Heading: 6206: Women’s or      Heading: 6205: Men’s or
    girl’s blouses, shirts, and    boy’s shirts
    short-blouses
    Subheading: 90.10: Of
    34      Subheading: 10.0040: Of     other textile materials, Of
    silk or silk waste,            silk or silk waste,
    Containing 70 percent or       Containing 70 percent or
    more by weight or silk of      more by weight of silk or
    silk waste                     silk waste
    Heading: 6206: Women’s or      Heading: 6205: Men’s or
    girl’s blouses, shirts, and    boy’s shirts
    short-blouses
    35
    Subheading: 90.40: Of
    Subheading: 90.00: Of       other textile materials,
    other textile materials        Other
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    36   dressing gowns, and similar
    articles                          Subheading: 11.0000:
    Underpants and briefs, Of
    Subheading: 19.2000:        cotton
    Slips and petticoats, Of
    other textile materials, Of
    cotton
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    articles                           Subheading: 11.00:
    Underpants and briefs, Of
    Subheading: 91.30: Other,   cotton
    Other
    37
    AND
    Heading: 6207: Men’s or
    boys’ singlets and other
    undershirts, underpants,
    briefs, nightshirts,
    pajamas, bathrobes, dressing
    gowns, and similar articles
    Subheading: 91.30: Other,
    Of cotton, Other
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    38
    articles                          Subheading: 99.75: Other,
    Of other textile material,
    Subheading: 92.0010:        Of man-made fibers,
    Other, Of man-made fibers,     Bathrobes, dressing gowns
    Bathrobes, dressing gowns      and similar articles
    and similar articles,
    Women’s
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    39   dressing gowns, and similar
    articles                          Subheading: 99.75: Other,
    Of other textile material,
    Subheading: 92.0020:        Of man-made fibers,
    Other, Of man-made fibers,     Bathrobes, dressing gowns
    Bathrobes, dressing gowns      and similar articles
    and similar articles, Girls’
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    articles                          Subheading: 19.90:
    Underpants and briefs, Of
    Subheading: 92.0030:        other textile materials,
    Other, Of man-made fibers,     Other
    Other, Women’s
    40
    AND
    Heading: 6207: Men’s or
    boys’ singlets and other
    undershirts, underpants,
    briefs, nightshirts,
    pajamas, bathrobes, dressing
    gowns, and similar articles
    Subheading: 99.85: Other,
    Of other textile materials,
    Of man-made fibers, Other
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    41
    dressing gowns, and similar
    articles                          Subheading: 19.90:
    Underpants and briefs, Of
    Subheading: 92.0040:        other textile materials,
    Other, Of man-made fibers,     Other
    Other, Girls’
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    articles                          Subheading: 19.90:
    Underpants and briefs, Of
    Subheading: 92.0040:        other textile materials,
    Other, Of man-made fibers,     Other
    Other, Girls’
    42
    AND
    Heading: 6207: Men’s or
    boys’ singlets and other
    undershirts, underpants,
    briefs, nightshirts,
    pajamas, bathrobes, dressing
    gowns, and similar articles
    Subheading: 99.85: Other,
    Of other textile materials,
    Of man-made fibers, Other
    Heading: 6208: Women’s or      Heading: Men’s or boys’
    girls’ singlets and other      singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    43   dressing gowns, and similar
    articles                          Subheading: 99.40: Other,
    Of other textile materials,
    Subheading: 99.2020:        Of wool or fine animal hair,
    Other, Of textile materials,   Other
    Of wool or fine animal hair,
    Other
    Consol. Court No. 07-00404
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    Subheading: 20.58: Ski-        Subheading: 20.28: Ski-
    44   suits, Other, Other, Women’s   suits, Other, Other, Men’s
    or girls’, Anoraks             or boys’, Anoraks (including
    (including ski-jackets),       ski-jackets), windbreakers
    windbreakers and similar       and similar articles
    articles (including padded,    (including padded,
    sleeveless jackets) imported   sleeveless jackets) imported
    as part of ski-suits, Other    as part of ski-suits, Other
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    45      Subheading: 20.68: Ski-        Subheading: 20.38: Ski-
    suits, Other, Other, Women’s   suits, Other, Other, Men’s
    or girls’, Trousers and        or boys’, Trousers and
    breeches imported as parts     breeches imported as parts
    of ski-suits, Other            of ski-suits, Other
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    46      Subheading: 49.10: Other       Subheading: 39.10: Other
    garments, women’s or girls’,   garments, men’s or boys’, Of
    Of other textile materials,    other textile materials,
    Contains 70 percent or more    Contains 70 percent or more
    by weight of silk or silk      by weight of silk or silk
    waste                          waste
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    47
    Subheading: 49.90: Other       Subheading: 39.90: Other
    garments, women’s or girls’,   garments, men’s or boys’, Of
    Of other textile materials,    other textile materials,
    Other                          Other
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    48
    Subheading: 19.50: Sports      Subheading: 19.30: Sports
    footwear, Other, For other     footwear, Other, For men,
    persons, Golf Shoes            youths and boys, Other, Golf
    Shoes
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    49
    Subheading: 51.90: Other       Subheading: 51.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Covering the ankle,   leather, Covering the ankle,
    Other, Other, For other        Other, Other, For men,
    persons                        youths and boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    50
    Subheading:59.90: Other        Subheading: 59.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Other, Other,         leather, Other, Other,
    Other, For other persons       Other, For men, youths, and
    boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    51
    Subheading: 91.90: Other       Subheading: 91.60: Other
    footwear, Covering the         footwear, Covering the
    ankle, Other, Other, For       ankle, Other, Other, For
    other persons                  men, youths, and boys
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    52
    Subheading: 99.90: Other       Subheading: 99.60: Other
    footwear, Other, Other,        footwear, Other, Other,
    Other, Other, For other        Other, For men, youths, and
    persons, Valued over $2.50     boys
    Heading: 6406: Parts of        Heading: 6406: Parts of
    footwear (including uppers     footwear (including uppers
    whether or not attached to     whether or not attached to
    soles other than outer         soles other than outer
    soles); removable insoles,     soles); removable insoles,
    heel cushions and similar      heel cushions and similar
    articles; gaiters, leggings    articles; gaiters, leggings
    and similar articles, and      and similar articles, and
    53
    parts thereof                  parts thereof
    Subheading: 10.10: Uppers      Subheading: 10.05: Uppers
    and parts thereof, other       and parts thereof, other
    than stiffeners, Formed        than stiffeners, Formed
    uppers, Of leather or          uppers, Of leather or
    composition leather, For       composition leather, For
    other persons                  men, youths, and boys
    Heading: 6102: Women’s or      Heading: 6101: Men’s or
    girl’s overcoats, carcoats,    boy’s overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers, and similar      windbreakers, and similar
    articles, knitted or           articles, knitted or
    54   crocheted, other than those    crocheted, other than those
    of heading 6104                of heading 6103
    Subheading: 30.05: Of          Subheading: 30.10: Of
    man-made fibers, Containing    man-made fibers, Containing
    25 percent or more by weight   25 percent or more by weight
    of leather                     of leather
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    55   swimwear), knitted or          crocheted
    crocheted
    Subheading: 10.20: Suits,
    Subheading: 13.10: Suits,   Of synthetic fibers,
    Of synthetic fibers,           Containing 23 percent or
    Containing 23 percent or       more by weight of wool or
    more by weight of wool or      fine animal hair
    fine animal hair
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    56
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 10.30: Suits,
    Subheading: 13.20: Suits,   Of synthetic fibers, Other
    Of synthetic fibers, Other
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    57   crocheted
    Subheading: 39.40: Suit-
    Subheading: 39.2040:        type jackets and blazers, Of
    Suit-type jackets and          other textile materials,
    blazers, Of other textile      Contains 70 percent or more
    materials, Other, Other, Of    by weight of silk or silk
    silk, Contains 70 percent or   waste
    more by weight of silk or
    silk waste
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    58
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 39.80: Suit-
    Subheading: 39.20: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   other textile materials,
    other textile materials,       Other
    Other
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 41.10:
    Subheading: 61.0010:        Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of wool or fine
    shorts, Of wool or fine        animal hair, Trousers,
    animal hair, Trousers,         breeches and shorts
    breeches
    59
    AND
    Heading: 6104: Women’s or
    girl’s suits, ensembles,
    suit-type jackets, blazers,
    dresses, skirts, divided
    skirts, trousers, bib and
    brace overalls, breeches and
    shorts (other than
    swimwear), knitted or
    crocheted
    Subheading: 61.0020:
    Trousers, bib and brace
    overalls, breeches and
    shorts, Of wool or fine
    animal hair, shorts
    Consol. Court No. 07-00404
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    60
    swimwear), knitted or          crocheted
    crocheted
    Subheading: 42.10:
    Subheading: 62.20:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of cotton, Trousers,
    shorts, Of cotton, Other       breeches and shorts
    Heading: 6104: Women’s or      Heading: 6103: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than
    shorts (other than             swimwear), knitted or
    swimwear), knitted or          crocheted
    61   crocheted
    Subheading: 43.10:
    Subheading: 63.15:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of synthetic fibers,
    shorts, Of synthetic fibers,   Trousers, breeches and
    Other, Containing 23 percent   shorts, Containing 23
    or more by weight of wool or   percent or more by weight of
    fine animal hair               wool or fine animal hair
    Heading: 6106: Women’s or      Heading: 6105: Men’s or
    girl’s blouses, and shirts,    boy’s shirts, knitted or
    knitted or crocheted           crocheted
    62
    Subheading: 90.10: Of          Subheading: 90.10: Of
    other textile materials, Of    other textile materials, Of
    wool or fine animal hair       wool or fine animal hair
    Heading: 6106: Women’s or      Heading: 6105: Men’s or
    girl’s blouses, and shirts,    boy’s shirts, knitted or
    knitted or crocheted           crocheted
    63
    Subheading: 90.30: Of          Subheading: 90.80: Of
    other textile materials,       other textile materials,
    Other                          Other
    Consol. Court No. 07-00404
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    64
    articles, knitted or
    crocheted                         Subheading: 21.00:
    Nightshirts and pajamas, Of
    Subheading: 31.00:          cotton
    Nightdresses and pajamas, Of
    cotton
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    articles, knitted or
    65   crocheted                         Subheading: 29.50:
    Nightshirts and pajamas, Of
    Subheading: 39.40:          other textile materials,
    Nightdresses and pajamas, Of   Containing 70 percent or
    other textile materials,       more by weight of silk or
    Containing 70 percent or       silk waste
    more by weight of silk or
    silk waste
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    67   articles, knitted or
    crocheted                         Subheading: 29.90:
    Nightshirts and pajamas, Of
    Subheading: 39.80:          other textile materials,
    Nightdresses and pajamas, Of   Other
    other textile materials,
    Other
    Consol. Court No. 07-00404
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    68   dressing gowns and similar     knitted or crocheted
    articles, knitted or
    crocheted                         Subheading: 91.00: Other,
    Of cotton
    Subheading: 91.00: Other,
    Of cotton
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    69
    articles, knitted or
    crocheted                         Subheading: 99.20: Other,
    Of other textile materials,
    Subheading: 99.20: Other,   Of wool or fine animal hair
    Of other textile materials,
    Of wool or fine animal hair
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    articles, knitted or
    70
    crocheted                         Subheading: 99.50: Other,
    Of other textile materials,
    Subheading: 99.50: Other,   Containing 70 percent or
    Of other textile materials,    more by weight of silk or
    Containing 70 percent or       silk waste
    more by weight of silk or
    silk waste
    Consol. Court No. 07-00404
    Heading: 6108: Women’s or      Heading: 6107: Men’s or
    girls’ slips, petticoats,      boys’ underpants, briefs,
    briefs, panties,               nightshirts, pajamas,
    nightdresses, pajamas,         bathrobes, dressing gowns
    negligees, bathrobes,          and similar articles,
    dressing gowns and similar     knitted or crocheted
    71
    articles, knitted or
    crocheted                         Subheading: 99.90: Other,
    Of other textile materials,
    Subheading: 99.90: Other,   Other
    Of other textile materials,
    Other
    Heading: 6112: Track suits,    Heading: 6112: Track suits,
    ski-suits and swimwear,        ski-suits and swimwear,
    knitted or crocheted           knitted or crocheted
    72
    Subheading: 41.00:             Subheading: 31.00: Men’s
    Women’s or girls’ swimwear,    or boys’ swimwear, Of
    Of synthetic fibers            synthetic fibers
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    73   sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    Subheading: 12.20:             Subheading: 12.20:
    Overcoats, carcoats, capes,    Overcoats, carcoats, capes,
    cloaks and similar coats, Of   cloaks and similar coats, Of
    cotton, Other                  cotton, Other
    Consol. Court No. 07-00404
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    74
    Subheading: 13.30:             Subheading: 13.30:
    Overcoats, carcoats, capes,    Overcoats, carcoats, capes,
    cloaks and similar coats, Of   cloaks and similar coats, Of
    man-made fibers, Other,        man-made fibers, Other,
    Containing 36 percent or       Containing 36 percent or
    more by weight of wool or      more by weight of wool or
    fine animal hair               fine animal hair
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    75
    Subheading: 91.20:             Subheading: 91.20:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers and     jackets), windbreakers and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of wool or fine animal hair,   Of wool or fine animal hair,
    Other                          Other
    Consol. Court No. 07-00404
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    76   than those of heading 6204     than those of heading 6203
    Subheading: 92.20:             Subheading: 92.20:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers and     jackets), windbreakers and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of cotton, Other, Other        Of cotton, Other, Other
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    77
    Subheading: 99.90:             Subheading: 99.90:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers and     jackets), windbreakers and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of other textile materials,    Of other textile materials,
    Other                          Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    78
    Subheading: 11.60: Suits,
    Subheading: 11.00: Suits,   Of wool or fine animal hair,
    Of wool or fine animal hair    Other, Of worsted wool
    fabric, made of wool yam
    having an average fiber
    diameter of 18.5 microns or
    less
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    79
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 11.90: Suits,
    Subheading: 11.00: Suits,   Of wool or fine animal hair,
    Of wool or fine animal hair    Other, Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    80   shorts (other than swimwear)
    Subheading: 12.10: Suits,
    Subheading: 13.10: Suits,   Of synthetic fibers,
    Of synthetic fibers,           Containing 36 percent or
    Containing 36 percent or       more by weight of wool or
    more by weight of wool or      fine animal hair
    fine animal hair
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    81
    Subheading: 19.20: Suits,
    Subheading: 19.10: Suits,   Of other textile materials,
    Of other textile materials,    Of artificial fibers,
    Of artificial fibers,          Containing 36 percent or
    Containing 36 percent or       more by weight of wool or
    more by weight of wool or      fine animal hair
    fine animal hair
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    82   shorts (other than swimwear)
    Subheading: 19.50: Suits,
    Subheading: 19.40: Suits,   Of other textile materials,
    Of other textile materials,    Containing 70 percent or
    Containing 70 percent or       more by weight of silk or
    more by weight of silk or      silk waste
    silk waste
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    83   brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 19.90: Suits,
    Subheading: 19.80: Suits,   Of other textile materials,
    Of other textile materials,    Other
    Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    84
    shorts (other than swimwear)
    Subheading: 39.90: Suit-
    Subheading: 39.80: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   other textile materials,
    other textile materials,       Other
    Other, Other
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 41.12:
    85      Subheading: 61.90:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of wool or fine
    shorts, Of wool or fine        animal hair, Trousers,
    animal hair, Other             breeches and shorts, Other,
    Trousers of worsted wool
    fabric, made of wool yam
    having an average fiber
    diameter of 18.5 microns or
    less
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    86
    Subheading: 41.18:
    Subheading: 61.90:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of wool or fine
    shorts, Of wool or fine        animal hair, Trousers,
    animal hair, Other             breeches and shorts, Other,
    Other
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    87   shorts (other than swimwear)
    Subheading: 42.20:
    Subheading: 62.20:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of cotton, Other,
    shorts, Of cotton, Other,      Bib and brace overalls
    Bib and brace overalls
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    88                                     Subheading: 43.30:
    Subheading: 63.25:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of synthetic fibers,
    shorts, Of synthetic fibers,   Other, Other, Containing 36
    Other, Other, Containing 36    percent or more by weight of
    percent or more by weight of   wool or fine animal hair
    wool or fine animal hair
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 49.2005:
    89      Subheading: 69.20:          Trousers, bib and brace
    Trousers, bib and brace        overalls, breeches and
    overalls, breeches and         shorts, Of other textile
    shorts, Of artificial          materials, Of artificial
    fibers, Trousers, breeches     fibers, Trousers, breeches
    and shorts, Containing 36      and shorts, Other,
    percent or more by weight of   Containing 36 percent or
    wool or fine animal hair       more by weight of wool or
    fine animal hair
    6206: Women’s or girl’s        Heading: 6205: Men’s or
    blouses, shirts, and short-    boy’s shirts
    blouses
    90
    Subheading: 20.20: Of
    Subheading: 30.30: Of       cotton, Other
    cotton, Other, Other
    6206: Women’s or girl’s        Heading: 6205: Men’s or
    blouses, shirts, and short-    boy’s shirts
    blouses
    91                                     Subheading: 90.07: Of
    Subheading: 20.30: Of       other textile materials, Of
    wool or fine animal hair,      wool or fine animal hair,
    Other, Other                   Other
    Consol. Court No. 07-00404
    6206: Women’s or girl’s        Heading: 6205: Men’s or
    blouses, shirts, and short-    boy’s shirts
    blouses
    Subheading: 90.07: Of
    92      Subheading: 20.20: Of       other textile materials, Of
    wool or fine animal hair,      wool or fine animal hair,
    Other, Containing 30 percent   Other
    or more by weight of silk or
    silk waste
    6206: Women’s or girl’s        Heading: 6205: Men’s or
    blouses, shirts, and short-    boy’s shirts
    blouses
    93
    Subheading: 90.30: Of
    Subheading: 10.00: Of       other textile materials, Of
    silk or silk waste             silk or silk waste, Other
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    94   articles                          Subheading: 19.10:
    Underpants and briefs, Of
    Subheading: 99.3020:        other textile materials,
    Other, Of other textile        Containing 70 percent or
    materials, Of silk or silk     more by weight of silk or
    waste, Containing 70 percent   silk waste
    or more by weight of silk or
    silk waste, Other
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    95   dressing gowns, and similar
    articles                          Subheading: 19.9030:
    Underpants and briefs, Of
    Subheading: 99.2020:        other textile materials,
    Other, Of other textile        Other, Other
    materials, Of wool or fine
    animal hair, Other
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    96   dressing gowns, and similar
    articles                          Subheading: 19.9030:
    Underpants and briefs, Of
    Subheading: 99.5020:        other textile materials,
    Other, Of other textile        Other, Other
    materials, Of silk or silk
    waste, Other, Other
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    97
    dressing gowns, and similar
    articles                          Subheading: 19.9030:
    Underpants and briefs, Of
    Subheading: 99.8020:        other textile materials,
    Other, Of other textile        Other, Other
    materials, Other, Other
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    98
    dressing gowns, and similar
    articles                          Subheading: 91.10: Other,
    Of cotton, Bathrobes, dress
    Subheading: 91.10: Other,   gowns and similar articles
    Of cotton, Bathrobes, dress
    gowns and similar articles
    Consol. Court No. 07-00404
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    dressing gowns, and similar
    99
    articles                          Subheading: 99.9010:
    Other, Of other textile
    Subheading: 99.8010:        materials, Other, Bathrobes,
    Other, Of other textile        dress gowns and similar
    materials, Other, Bathrobes,   articles
    dress gowns and similar
    articles
    Heading: 6208: Women’s or      Heading: 6207: Men’s or
    girls’ singlets and other      boys’ singlets and other
    undershirts, slips,            undershirts, underpants,
    petticoats, briefs, panties,   briefs, nightshirts,
    nightdresses, pajamas,         pajamas, bathrobes, dressing
    negligees, bathrobes,          gowns, and similar articles
    100
    dressing gowns, and similar
    articles                          Subheading: 99.9040:
    Other, Of other textile
    Subheading: 99.8020:        materials, Other, Other
    Other, Of other textile
    materials, Other, Other
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    101
    Subheading: 12.10:             Subheading: 11.10:
    Swimwear, Women’s or girls’,   Swimwear, Men’s or boys’, Of
    Of man-made fibers             man-made fibers
    Heading: 6211: Track suits,    Heading: 6211: Track suits,
    ski-suits and swimwear;        ski-suits and swimwear;
    other garments                 other garments
    102      Subheading: 12.40:             Subheading: 11.40:
    Swimwear, Women’s or girls’,   Swimwear, Men’s or boys’,
    Containing 70 percent or       Containing 70 percent or
    more by weight of silk or      more by weight of silk or
    silk waste                     silk waste
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    103
    Subheading: 19.70: Sports      Subheading: 19.40: Sports
    footwear, Other, For other     footwear, Other, For men,
    persons, Other                 youths and boys, Other,
    Other
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    104
    Subheading: 99.75: Other       Subheading: 99.60: Other
    footwear, Other, Other,        footwear, Other, Other,
    Other, Other, For other        Other, For men, youths, and
    persons, Valued not over       boys
    $2.50
    Heading: 4203: Articles of     Heading: 4203: Articles of
    apparel and clothing           apparel and clothing
    accessories, of leather or     accessories, of leather or
    of composition leather         of composition leather
    105
    Subheading: 29.4000:           Subheading: 29.3010:
    Gloves, mittens and mitts,     Gloves, mittens and mitts,
    Other, Other, Other, For       Other, Other, Other, Men’s,
    other persons, Not lined       Not lined
    Heading: 4203: Articles of     Heading: 4203: Articles of
    apparel and clothing           apparel and clothing
    accessories, of leather or     accessories, of leather or
    of composition leather         of composition leather
    106
    Subheading: 29.5000:           Subheading: 29.3020:
    Gloves, mittens and mitts,     Gloves, mittens and mitts,
    Other, Other, Other, For       Other, Other, Other, Men’s,
    other persons, Lined           Lined
    Consol. Court No. 07-00404
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    107
    Subheading: 93.4011:           Subheading: 93.2511:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers, and    jackets), windbreakers, and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of man-made fibers, Other,     Of man-made fibers, Other,
    Other, Containing 36 percent   Other, Containing 36 percent
    or more by weight of wool or   or more by weight of wool or
    fine animal hair, Women’s      fine animal hair, Men’s
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    108   brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 12.2010:
    Subheading: 13.2010:        Suits, Of synthetic fibers,
    Suits, Of synthetic fibers,    Other, Men’s
    Other, Women’s
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    109   shorts (other than swimwear)
    Subheading: 33.10: Suit-
    Subheading: 33.40: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   synthetic fibers, Containing
    synthetic fibers, Containing   36 percent or more by weight
    36 percent or more by weight   of wool or fine animal hair
    of wool or fine animal hair
    Consol. Court No. 07-00404
    6206: Women’s or girl’s        Heading: 6205: Men’s or
    blouses, shirts, and short-    boy’s shirts
    blouses
    110                                     Subheading: 30.20: Of
    Subheading: 40.30: Of       man-made fibers, Other,
    man-made fibers, Other,        Other
    Other
    Heading: 6202: Women’s or      Heading: 6201: Men’s or
    girls’ overcoats, carcoats,    boys’ overcoats, carcoats,
    capes, cloaks, anoraks         capes, cloaks, anoraks
    (including ski-jackets),       (including ski-jackets),
    windbreakers and similar       windbreakers and similar
    articles (including padded,    articles (including padded,
    sleeveless jackets), other     sleeveless jackets), other
    than those of heading 6204     than those of heading 6203
    111
    Subheading: 93.4011:           Subheading: 93.2511:
    Anoraks (including ski-        Anoraks (including ski-
    jackets), windbreakers, and    jackets), windbreakers, and
    similar articles (including    similar articles (including
    padded, sleeveless jackets),   padded, sleeveless jackets),
    Of man-made fibers, Other,     Of man-made fibers, Other,
    Other, Containing 36 percent   Other, Containing 36 percent
    or more by weight of wool or   or more by weight of wool or
    fine animal hair, Women’s      fine animal hair, Men’s
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    112   brace overalls, breeches and   shorts (other than swimwear)
    shorts (other than swimwear)
    Subheading: 12.2010:
    Subheading: 13.2010:        Suits, Of synthetic fibers,
    Suits, Of synthetic fibers,    Other, Men’s
    Other, Women’s
    Consol. Court No. 07-00404
    Heading: 6204: Women’s or      Heading: 6203: Men’s or
    girl’s suits, ensembles,       boy’s suits, ensembles,
    suit-type jackets, blazers,    suit-type jackets, blazers,
    dresses, skirts, divided       trousers, bib and brace
    skirts, trousers, bib and      overalls, breeches and
    brace overalls, breeches and   shorts (other than swimwear)
    113    shorts (other than swimwear)
    Subheading: 33.10: Suit-
    Subheading: 33.40: Suit-    type jackets and blazers, Of
    type jackets and blazers, Of   synthetic fibers, Containing
    synthetic fibers, Containing   36 percent or more by weight
    36 percent or more by weight   of wool or fine animal hair
    of wool or fine animal hair
    Heading: 6206: Women’s or      Heading: 6205: Men’s or
    girl’s blouses, shirts, and    boy’s shirts
    short-blouses
    114                                      Subheading: 30.20: Of
    Subheading: 40.30: Of       man-made fibers, Other,
    man-made fibers, Other,        Other
    Other
    Discrimination Against Females and/or Males based on Age
    Baby Products                  Female/Male Imports
    Heading: 6111: Babies’         Heading: 6103: Men’s or
    garments and clothing          boy’s suits, ensembles,
    accessories, knitted or        suit-type jackets, blazers,
    crocheted                      trousers, bib and brace
    overalls, breeches and
    Subheading: 90.10: Of       shorts (other than
    other textile material, Of     swimwear), knitted or
    artificial fibers, Trousers,   crocheted
    115
    breeches and shorts, except
    those imported as parts of        Subheading: 49.10:
    sets                           Trousers, bib and brace
    overalls, breeches and
    shorts, Of other textile
    materials, Of artificial
    fibers, Trousers, breeches
    and shorts
    Consol. Court No. 07-00404
    Heading: 6111: Babies’         Heading: 6104: Women’s or
    garments and clothing          girl’s suits, ensembles,
    accessories, knitted or        suit-type jackets, blazers,
    crocheted                      dresses, skirts, divided
    skirts, trousers, bib and
    Subheading: 90.10: Of       brace overalls, breeches and
    other textile material, Of     shorts (other than
    artificial fibers, Trousers,   swimwear), knitted or
    116   breeches and shorts, except    crocheted
    those imported as parts of
    sets                              Subheading: 69.20:
    Trousers, bib and brace
    overalls, breeches and
    shorts, Of other textile
    materials, Of artificial
    fibers, Trousers, breeches
    and shorts
    Heading: 6111: Babies’         Heading: 6105: Men’s or
    garments and clothing          boy’s shirts, knitted or
    accessories, knitted or        crocheted
    crocheted
    117                                     Subheading: 20.20: Of
    Subheading: 90.20: Of       man-made fibers, Other
    other textile material, Of
    artificial fibers, Blouses
    and shirts, except those
    imported as parts of sets
    Heading: 6111: Babies’         Heading: 6106: Women’s or
    garments and clothing          girl’s blouses, and shirts,
    accessories, knitted or        knitted or crocheted
    crocheted
    118                                     Subheading: 20.20: Of
    Subheading: 90.20: Of       man-made fibers, Other
    other textile material, Of
    artificial fibers, Blouses
    and shirts, except those
    imported as parts of sets
    Consol. Court No. 07-00404
    Heading: 6111: Babies’         Heading: 6109: T-shirts,
    garments and clothing          singlets, tank tops and
    accessories, knitted or        similar garments, knitted or
    crocheted                      crocheted
    119
    Subheading: 20.20: Of          Subheading: 10.00: Of
    cotton, T-shirts, singlets     cotton
    and similar garments, except
    those imported as parts of
    sets
    Heading: 6111: Babies’         Heading: 6109: T-shirts,
    garments and clothing          singlets, tank tops and
    accessories, knitted or        similar garments, knitted or
    crocheted                      crocheted
    120      Subheading: 90.30: Of          Subheading: 90.10: Of
    other textile material, Of     other textile material, Of
    artificial fibers, T-shirts,   man-made fibers
    singlets and similar
    garments, except those
    imported as parts of sets
    Heading: 6111: Babies’         Heading: 6109: T-shirts,
    garments and clothing          singlets, tank tops and
    accessories, knitted or        similar garments, knitted or
    crocheted                      crocheted
    121
    Subheading: 90.70: Of          Subheading: 90.40: Of
    other textile material,        other textile material,
    Containing 70 percent or       Containing 70 percent or
    more by weight of silk or      more by weight of silk or
    silk waste                     silk waste
    Heading: 6111: Babies’         Heading: 6109: T-shirts,
    garments and clothing          singlets, tank tops and
    accessories, knitted or        similar garments, knitted or
    crocheted                      crocheted
    122
    Subheading: 90.90: Of          Subheading: 90.80: Of
    other textile material,        other textile material,
    Other                          Other
    Consol. Court No. 07-00404
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    123      Subheading: 90.0510: Of
    other textile material, Of        Subheading: 11.00: Of
    wool or fine animal hair,      wool or fine animal hair, Of
    Sweaters, pullovers,           wool
    sweatshirts, waistcoats
    (vests) and similar articles
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    124      Subheading: 90.0510: Of
    other textile material, Of        Subheading: 12.20: Of
    wool or fine animal hair,      wool or fine animal hair, Of
    Sweaters, pullovers,           Kashmir, Other
    sweatshirts, waistcoats
    (vests) and similar articles
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    125      Subheading: 90.0510: Of
    other textile material, Of        Subheading: 19.00: Of
    wool or fine animal hair,      wool or fine animal hair,
    Sweaters, pullovers,           Other
    sweatshirts, waistcoats
    (vests) and similar articles
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    126      Subheading: 20.30: Of
    cotton, Sweaters, pullovers,      Subheading: 20.20: Of
    sweatshirts, waistcoats        cotton, Other
    (vests) and similar
    articles, except those
    imported as parts of sets
    Consol. Court No. 07-00404
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    127      Subheading: 30.40: Of
    synthetic fibers, Sweaters,       Subheading: 30.30: Of
    pullovers, sweatshirts,        man-made fibers, Other,
    waistcoats (vests) and         Other, Other
    similar articles, except
    those imported as parts of
    sets
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    Subheading: 90.40: Of
    128   other textile materials, Of       Subheading: 30.30: Of
    artificial fibers, Sweaters,   man-made fibers, Other,
    pullovers, sweatshirts,        Other, Other
    waistcoats (vests) and
    similar articles, except
    those imported as parts of
    sets
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    129
    Subheading: 90.90: Of
    other textile materials,          Subheading: 90.9020: Of
    Other                          other textile materials,
    Other, Sweaters for men or
    boys, Other, Of silk, Other
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    130
    Subheading: 90.90: Of
    other textile materials,          Subheading: 90.9024: Of
    Other                          other textile materials,
    Other, Sweaters for men or
    boys, Other, Other, Other
    Consol. Court No. 07-00404
    Heading: 6111: Babies’     Heading: 6110: Sweaters,
    garments and clothing      pullovers, sweatshirts,
    accessories, knitted or    waistcoats (vests) and
    crocheted                  similar articles, knitted or
    crocheted
    131
    Subheading: 90.90: Of
    other textile materials,      Subheading: 90.9038: Of
    Other                      other textile materials,
    Other, Sweaters for women or
    girls, Other, Of silk, Other
    Heading: 6111: Babies’     Heading: 6110: Sweaters,
    garments and clothing      pullovers, sweatshirts,
    accessories, knitted or    waistcoats (vests) and
    crocheted                  similar articles, knitted or
    crocheted
    132
    Subheading: 90.90: Of
    other textile materials,      Subheading: 90.9042: Of
    Other                      other textile materials,
    Other, Sweaters for women or
    girls, Other, Other, Other
    Heading: 6111: Babies’     Heading: 6110: Sweaters,
    garments and clothing      pullovers, sweatshirts,
    accessories, knitted or    waistcoats (vests) and
    crocheted                  similar articles, knitted or
    crocheted
    133      Subheading: 90.90: Of
    other textile materials,      Subheading: 90.9080: Of
    Other                      other textile materials,
    Other, Other, Subject to
    man-made fiber, Men’s or
    boys’, Other
    Heading: 6111: Babies’     Heading: 6110: Sweaters,
    garments and clothing      pullovers, sweatshirts,
    accessories, knitted or    waistcoats (vests) and
    crocheted                  similar articles, knitted or
    crocheted
    134
    Subheading: 90.90: Of
    other textile materials,      Subheading: 90.9088: Of
    Other                      other textile materials,
    Other, Other, Other, Men’s
    or boys’
    Consol. Court No. 07-00404
    Heading: 6111: Babies’         Heading: 6110: Sweaters,
    garments and clothing          pullovers, sweatshirts,
    accessories, knitted or        waistcoats (vests) and
    crocheted                      similar articles, knitted or
    crocheted
    135
    Subheading: 90.90: Of
    other textile materials,          Subheading: 90.9090: Of
    Other                          other textile materials,
    Other, Other, Other, Women’s
    or girls’
    Heading: 6111: Babies’         Heading: 6115: Panty hose,
    garments and clothing          tights, stockings, socks and
    accessories, knitted or        other hosiery, including
    crocheted                      stockings for varicose
    veins, and footwear without
    136
    Subheading: 20.6050: Of     applied soles, knitted or
    cotton, Other, Other, Other,   crocheted
    Babies’ socks and booties
    Subheading: 95.90: Other,
    Of cotton, Other
    Heading: 6111: Babies’         Heading: 6115: Panty hose,
    garments and clothing          tights, stockings, socks and
    accessories, knitted or        other hosiery, including
    crocheted                      stockings for varicose
    veins, and footwear without
    Subheading: 90.70: Of       applied soles, knitted or
    137   other textile materials,       crocheted
    Containing 70 percent or
    more by weight or silk or         Subheading: 99.40: Other,
    silk waste                     Of other textile materials,
    Containing 70 percent or
    more by weight or silk or
    silk waste
    Heading: 6111: Babies’         Heading: 6115: Panty hose,
    garments and clothing          tights, stockings, socks and
    accessories, knitted or        other hosiery, including
    crocheted                      stockings for varicose
    veins, and footwear without
    138      Subheading: 90.90: Of       applied soles, knitted or
    other textile materials,       crocheted
    Other
    Subheading: 99.90: Other,
    Of other textile materials,
    Other
    Consol. Court No. 07-00404
    Heading: 6209: Babies’         Heading: 6203: Men’s or
    garments and clothing          boy’s suits, ensembles,
    accessories                    suit-type jackets, blazers,
    trousers, bib and brace
    Subheading: 20.30: Of       overalls, breeches and
    cotton, Other, Trousers,       shorts (other than swimwear)
    breeches and shorts, except
    for those imported as parts       Subheading: 42.10:
    139   of sets                        Trousers, bib and brace
    overalls, breeches and
    shorts, Of cotton,
    Containing 15 percent or
    more by weight of down and
    waterfowl plumage and of
    which down comprises 35
    percent or more by weight;
    containing 10 percent or
    more by weight of down
    Heading: 6209: Babies’         Heading: 6203: Men’s or
    garments and clothing          boy’s suits, ensembles,
    accessories                    suit-type jackets, blazers,
    trousers, bib and brace
    Subheading: 90.20: Of       overalls, breeches and
    other textile materials, Of    shorts (other than swimwear)
    140   artificial fibers, Trousers,
    breeches and shorts, except       Subheading: 49.20:
    for those imported as parts    Trousers, bib and brace
    of sets                        overalls, breeches and
    shorts, Of other textile
    materials, Of artificial
    fibers, Trousers, breeches
    and shorts, Other
    Heading: 6209: Babies’         Heading: 6204: Women’s or
    garments and clothing          girl’s suits, ensembles,
    accessories                    suit-type jackets, blazers,
    dresses, skirts, divided
    Subheading: 20.30: Of       skirts, trousers, bib and
    cotton, Other, Trousers,       brace overalls, breeches and
    141   breeches and shorts, except    shorts (other than swimwear)
    for those imported as parts
    of sets                           Subheading: 62.40:
    Trousers, bib and brace
    overalls, breeches and
    shorts, Of cotton, Other,
    Other, Other
    Consol. Court No. 07-00404
    Heading: 6209: Babies’         Heading: 6204: Women’s or
    garments and clothing          girl’s suits, ensembles,
    accessories                    suit-type jackets, blazers,
    dresses, skirts, divided
    Subheading: 90.20: Of       skirts, trousers, bib and
    other textile materials, Of    brace overalls, breeches and
    artificial fibers, Trousers,   shorts (other than swimwear)
    142
    breeches and shorts, except
    for those imported as parts       Subheading: 69.25:
    of sets                        Trousers, bib and brace
    overalls, breeches and
    shorts, Of artificial
    fibers, Trousers, breeches
    and shorts, Other
    Heading: 6209: Babies’         Heading: 6205: Men’s or
    garments and clothing          boy’s shirts
    accessories
    143                                     Subheading: 20.20: Of
    Subheading: 20.20: Of       cotton, Other
    cotton, Blouses and shirts,
    except for those imported as
    parts of sets
    Heading: 6209: Babies’         Heading: 6205: Men’s or
    garments and clothing          boy’s shirts
    accessories
    Subheading: 30.20: Of
    Subheading: 30.10: Of       man-made fibers, Other,
    synthetic fibers, Blouses      Other
    and shirts, except for those
    imported as parts of sets
    AND
    144
    Heading: 6209: Babies’
    garments and clothing
    accessories
    Subheading: 90.10: Of
    other textile materials, Of
    artificial fibers, Blouses
    and shirts, except for those
    imported as parts of sets
    Consol. Court No. 07-00404
    Heading: 6209: Babies’         Heading: 6206: Women’s or
    garments and clothing          girl’s blouses, shirts, and
    accessories                    short-blouses
    145
    Subheading: 20.20: Of          Subheading: 30.30: Of
    cotton, Blouses and shirts,    cotton, Other, Other
    except for those imported as
    parts of sets
    Heading: 6209: Babies’         Heading: 6206: Women’s or
    garments and clothing          girl’s blouses, shirts, and
    accessories                    short-blouses
    Subheading: 30.10: Of          Subheading: 40.30: Of
    synthetic fibers, Blouses      man-made fibers, Other,
    and shirts, except for those   Other
    imported as parts of sets
    AND
    146
    Heading: 6209: Babies’
    garments and clothing
    accessories
    Subheading: 90.10: Of
    other textile materials, Of
    artificial fibers, Blouses
    and shirts, except for those
    imported as parts of sets
    Heading: 6111: Babies’         Heading: 6115: Panty hose,
    garments and clothing          tights, stockings, socks and
    accessories, knitted or        other hosiery, including
    crocheted                      stockings for varicose
    veins, and footwear without
    147
    Subheading: 90.0530: Of     applied soles, knitted or
    other textile material, Of     crocheted
    wool or fine animal hair,
    Other                             Subheading: 94.00: Other,
    Of wool or fine animal hair
    Consol. Court No. 07-00404
    Heading: 6111: Babies’        Heading: 6115: Panty hose,
    garments and clothing         tights, stockings, socks and
    accessories, knitted or       other hosiery, including
    crocheted                     stockings for varicose
    veins, and footwear without
    148
    Subheading: 30.5050: Of    applied soles, knitted or
    synthetic fibers, Other,      crocheted
    Other, Babies’ socks and
    booties                          Subheading: 96.90: Other,
    Of synthetic fibers, Other
    Heading: 6111: Babies’        Heading: 6115: Panty hose,
    garments and clothing         tights, stockings, socks and
    accessories, knitted or       other hosiery, including
    crocheted                     stockings for varicose
    veins, and footwear without
    149      Subheading: 90.5050: Of    applied soles, knitted or
    other textile material, Of    crocheted
    artificial fibers, Other
    Subheading: 99.19: Other,
    Of other textile materials,
    Of artificial fibers, Other
    Heading: 6209: Babies’        Heading: 6204: Women’s or
    garments and clothing         girl’s suits, ensembles,
    accessories                   suit-type jackets, blazers,
    dresses, skirts, divided
    Subheading: 20.10: Of      skirts, trousers, bib and
    150   cotton, Dresses               brace overalls, breeches and
    shorts (other than swimwear)
    Subheading: 42.30:
    Dresses, Of cotton, Other,
    Other
    Heading: 6209: Babies’        Heading: 6203: Men’s or
    garments and clothing         boy’s suits, ensembles,
    accessories                   suit-type jackets, blazers,
    trousers, bib and brace
    Subheading: 30.20: Of      overalls, breeches and
    synthetic fibers, Trousers,   shorts (other than swimwear)
    151
    breeches and shorts, except
    those imported as parts of       Subheading: 43.40:
    sets                          Trousers, bib and brace
    overalls, breeches and
    shorts, Of synthetic fibers,
    Other, Other, Other, Other
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    152
    Subheading: 19.50: Sports      Subheading: 19.30: Sports
    footwear, Other, For other     footwear, Other, For men,
    persons, Golf Shoes            youths and boys, Other, Golf
    Shoes
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    153
    Subheading: 51.90: Other       Subheading: 51.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Covering the ankle,   leather, Covering the ankle,
    Other, Other, For other        Other, Other, For men,
    persons                        youths and boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    154
    Subheading: 59.90: Other       Subheading: 59.60: Other
    footwear with outer soles of   footwear with outer soles of
    leather, Other, Other,         leather, Other, Other,
    Other, For other persons       Other, For men, youths, and
    boys
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    155
    Subheading: 91.90: Other       Subheading: 91.60: Other
    footwear, Covering the         footwear, Covering the
    ankle, Other, Other, For       ankle, Other, Other, For
    other persons                  men, youths, and boys
    Consol. Court No. 07-00404
    Heading: 6403: Footwear with   Heading: 6403: Footwear with
    outer soles of rubber,         outer soles of rubber,
    plastics, leather or           plastics, leather or
    composition leather and        composition leather and
    uppers of leather              uppers of leather
    156
    Subheading: 99.90: Other       Subheading: 99.60: Other
    footwear, Other, Other,        footwear, Other, Other,
    Other, Other, For other        Other, For men, youths, and
    persons, Valued over $2.50     boys
    Heading: 6406: Parts of        Heading: 6406: Parts of
    footwear (including uppers     footwear (including uppers
    whether or not attached to     whether or not attached to
    soles other than outer         soles other than outer
    soles); removable insoles,     soles); removable insoles,
    heel cushions and similar      heel cushions and similar
    articles; gaiters, leggings    articles; gaiters, leggings
    and similar articles, and      and similar articles, and
    157
    parts thereof                  parts thereof
    Subheading: 10.10: Uppers      Subheading: 10.05: Uppers
    and parts thereof, other       and parts thereof, other
    than stiffeners, Formed        than stiffeners, Formed
    uppers, Of leather or          uppers, Of leather or
    composition leather, For       composition leather, For
    other persons                  men, youths, and boys
    

Document Info

Docket Number: Consol. 07-00404

Citation Numbers: 2012 CIT 70, 856 F. Supp. 2d 1291, 34 I.T.R.D. (BNA) 1592, 2012 Ct. Intl. Trade LEXIS 72, 2012 WL 1983258

Judges: Pogue, Restani, Barzilay

Filed Date: 6/1/2012

Precedential Status: Precedential

Modified Date: 11/7/2024