CIT Dismisses Challenge to HTS Classification of Sports Sandals; Foreclosed by CAFC Ruling
The Court of International Trade dismissed an action challenging the U.S. Customs Service’s HTS classification of certain models of Teva sports sandals as footwear with open toes or open heels, rather than as sports footwear. CIT found the 2008 decision of the Court of Appeals for the Federal Circuit in a test case involving similar footwear to be controlling (see 08070735). The case had been filed by Deckers Corporation over a decade ago.
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Deckers said its Teva sports sandals should be classified as sports footwear because they are made for running and training. The openings don’t detract from that function, the company said; various styles have been worn competitive road racing events and a 130-mile running competition held in the Mojave Desert.
But CIT said it couldn’t ignore the higher court’s ruling in the test case on similar merchandise. CAFC found in 2008 that similar sports sandals “indisputably fit within the plain language” of the “unambiguous” subheading covering open toe, open heel footwear. Indeed, it its motion to designate that case as a test case, Deckers asked that this action be suspended because the test case involved the “same plaintiff, the same defendant, the same class or kind of merchandise ..., and the same claims.”
Although the court dismissed the action, find some merit in Deckers’ argument. The court expressed hope that “perhaps some day, that law will catch up to them,” citing the newly issued CBP Test Method on Additional U.S. Note 5 to Chapter 64 (see 13032615).