Telebrands Corporation v. United States

865 F. Supp. 2d 1277 (2012)

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Telebrands Corporation v. United States

United States Court of International Trade
865 F. Supp. 2d 1277 (2012)

Facts

Telebrands Corporation (Telebrands) (plaintiff) imported into the United States a product called the PedEgg. The PedEgg was a pedicure item that consisted of a stainless-steel callus-shaving device affixed to an egg-shaped plastic container that acted as the container for the callus shavings. The PedEgg could be separated in half in order to flip the shaving device and hide it for storage. The PedEgg also included two thin emery boards that could be placed on the flat end of the PedEgg for purposes of smoothing out skin after using the shaving device. United States Customs and Border Protection (customs) (defendant) classified the PedEgg under Harmonized Tariff Schedule of the United States (HTSUS) subheading 8214.90.90—other cutlery devices. Telebrands protested customs’ classification, arguing that the PedEgg was a pedicure set classifiable under subheading 8214.20.90 as a pedicure set in a nonleather container, a classification that carried with it a lower duty. Customs denied the protest, and Telebrands challenged the denial, arguing, in part, that the PedEgg should be classified according to HTSUS General Rule of Interpretation (GRI) 3, which concerned items that could be classified under multiple headings.

Rule of Law

Issue

Holding and Reasoning (Restani, J.)

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