Cert. Denied in Totes - Judicial Conference

I have been remiss again, but not for wont of effort. I have just been on the road while also sick. That is a bad combination.

In terms of follow-up information, you should know that on October 4, the Supreme Court denied certiorari in Totes-Isotoner. That is the case challenging the constitutionality of gender- and age-specific tariff rates. It remains to be seen whether that is the end of the issue. The critical legal determination to date has been that the distinctions drawn in the tariff schedule are not facially discriminatory. As a result, a plaintiff needs to prove not just the an improper distinction is drawn but also that it was done for an inappropriate purpose. That makes the case much more difficult to prove. I suspect there were sighs of relief throughout Customs and Border Protection.

The Court of International Trade has issued three customs-related decisions that I will summarize as soon as possible.

For those of you who might not be members of the Customs and International Trade Bar Association or admitted to practice at the Court of International Trade, the Court's Judicial Conference is November 18 in New York. Here is information on the event. And, if you are not a CITBA member, you should be.

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