Bauer Nike Hockey USA, Inc. v. United States

393 F.3d 1246 (2004)

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Bauer Nike Hockey USA, Inc. v. United States

United States Court of Appeals for the Federal Circuit
393 F.3d 1246 (2004)

Facts

Bauer Nike Hockey U.S.A., Inc. (Bauer) (plaintiff) imported ice-hockey pants into the United States. The United States Customs Service (customs) (defendant) classified the hockey pants under Harmonized Tariff Schedule of the United States (HTSUS) subheading 6211.33.00, which applied to garments of manmade fibers. Customs determined that the ice-hockey pants were composite goods under HTSUS General Rule of Interpretation (GRI) 3(b) and thus subject to classification according to their essential character as pants. Bauer protested, arguing that the pants should have been classified as ice-hockey equipment under subsection 9506.99.25, a classification with a lower duty. Customs denied the protest, and Bauer challenged the denial before the United States Court of International Trade. The court interpreted binding caselaw, and an earlier customs ruling stating that sports equipment included products necessary and specifically designed for, or indispensable for, a game, sport, or athletic activity, to mean that only items indispensable for the activity could qualify as equipment. Accordingly, because ice hockey could be played without ice-hockey pants, the court held under GRI 3(b) that the pants did not qualify as equipment and that subheading 6211.33.00 was the correct classification. Bauer appealed.

Rule of Law

Issue

Holding and Reasoning (Prost, J.)

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