GDLSK Litigates the Classification of Body Supporting Garments

We were recently on trial in the U.S. Court of International Trade challenging U.S. Customs’ classification of a women’s garment known as a shelf bra cami or bra top camisole. The plaintiffs in these cases are Victoria’s Secret Direct (“VSD”) and New York & Company (“NY & Co.”). The garments at issue have a tank top or camisole silhouette and contain a built in brassiere. Customs classified these garments as sportswear under various tariff provisions with duty rates ranging from 16.5% ad valorem to 28.2 % ad valorem, depending upon the fiber content of the garment. We believe that the garments are properly classifiable as body-supporting garments and dutiable at the rate of 6.6% ad valorem.

The judge is expected to issue his decision sometime in 2012 and an appeal is expected. Companies importing similar items, who are interested in protecting their rights to potential duty refunds, or in obtaining refunds on past importations, should contact us.