June 22, 2009
Can X predominate something that contains only X?In Value Vinyls, Inc. v. U.S., __ F.3d __ (Fed. Cir. June 2009) the court had to face the question of w"hether the Court of International Trade correctly concluded that the imported product, whose textile component is made entirely of man-made fibers, is a 'product with textile components in which man-made fibers predominate by weight over any other single textile fiber' and hence is classified under subheading 3921.90.11 of the Harmonized Tariff Schedule of the United States (HTSUS), or whether, as the government argues, this category does not include product made entirely of man-made fibers." The court concluded, 2-1, that "the Court of International Trade correctly classified the subject goods." It is an interesting case where the majority relied heavily on extra-textual sources, and the minority took it to task for doing so. It would be an interesting case for the Supremes since it seems to me that the text leads one way, the extra-textual evidence, the other. It was on approach to interpretation that the court split, as well as ultimate resolution. It directly relates to the post below since the majority clearly took a more purposive approach to the tariff regulation than the dissent.
June 22, 2009 | Permalink
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