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Deckers Corp. v. United States

The Federal Circuit affirmed a decision of the U.S. Court of International Trade, after a trial on the merits, holding that three styles of sport sandals had been properly classified under subheading 6404.19.35 of the Harmonized Tariff Schedule of the United States. The court rejected the plaintiff?s effort to reclassify the sandals as athletic footwear, agreeing with the trial court?s determination that the goods in question indisputably fit within the plain language of that unambiguous subheading (?[f]ootwear with outer soles of rubber, plastics .�.�. and uppers of textile materials .�.�. with open toes or open heels .�.�.?) and were not like the enumerated exemplars of subheading 6404.11.80 (?tennis shoes, basketball shoes, gym shoes, training shoes .�.�.?), all of which had closed uppers.

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Before SCHALL, Circuit Judge, CLEVENGER, Senior Circuit Judge, and GAJARSA, Circuit Judge.

This customs case concerns the proper classification of three styles of Teva(r) Sport Sandals: “Pretty Rugged Sports Sandal,” “Terradactyl Sports Sandal,” and the “Aquadactyl Sports Sandals” (collectively, “Teva(r) Sandals”). Deckers Corporation (“Deckers”) appeals the final judgment and decision by the United States Court of International Trade, after a trial on the merits, holding that the merchandise at issue was properly classified under subheading 6404.19.35 of the Harmonized Tariff Schedule of the United States (“HTSUS”). Deckers Corp., Inc. v. United States, No. 02-674, 2007 WL 2489657 (Ct. Int’l Trade Sept. 5, 2007). We affirm.

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