--
Claire Kelly (right), Professor of Law and Associate Director, Dennis J. Bock Center for the Study of International Business Law, Brooklyn Law School, New York, in an
ASIL Insight analyzing the rejection by the U.S. Court of Appeals for the Federal Circuit of a claim that the placement by the U.S. government of a 14% tax on the importation of men's gloves, compared with only 12.6% for women's, violates the equal protection guarantees of the U.S. Constitution. A petition for review of the decision,
Totes-Isotoner Corp. v. United States, is
pending before the U.S. Supreme Court.
So when can a claim of tariff-based discrimination prevail? In a social climate in which anyone can wear anything, apparel may not be the best target for a tariff discrimination case -- but one could envision hypotheticals involving gender-linked medicines or medical devices, or discrimination between products on the basis of links to religion.
-- Claire Kelly (right), Professor of Law and Associate Director, Dennis J. Bock Center for the Study of International Business Law, Brooklyn Law School, New York, in an ASIL Insight analyzing the rejection by the U.S. Court of Appeals for the Federal Circuit of a claim that the placement by the U.S. government of a 14% tax on the importation of men's gloves, compared with only 12.6% for women's, violates the equal protection guarantees of the U.S. Constitution. A petition for review of the decision, Totes-Isotoner Corp. v. United States, is pending before the U.S. Supreme Court.
