Fed. Circ. Kills Suit Over Gender-Based Tariffs

Law360, New York (June 12, 2013, 4:19 PM EDT) -- The Federal Circuit on Wednesday shot down the latest bid to prove U.S. tariff rates are unconstitutional if they're based on gender or age, ruling that Forever 21 Inc. and others had failed to show that Congress intended to discriminate when crafting rates for apparel.

Like in the last major challenge to the rates — from glove maker Totes-Isotoner Corp. — the appeals court ruled that Forevever 21 and Rack Room Shoes had failed to meet the baseline burden of an equal protection claim: that Congress...
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