Clarification: CAFC Overturns Classification of Riddell Football Girdles
Clarification: Although the U.S. Court of Appeals for the Federal Circuit affirmed most of a lower court ruling that found Riddell football uniforms to be apparel and not “sports equipment” (see 14062302), the court didn’t agree in all respects. CAFC…
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found on June 20 that Riddell’s football uniforms that “do not come bundled with or otherwise incorporate any form of padding or protective inserts” still have the character of apparel, and can’t be considered sports equipment under the tariff schedule. But the Appeals Court overturned the classification of Riddell’s football girdles. CBP had originally classified them in subheading 6212.20.00 as “brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof,” dutiable at 20%. But CAFC said they should instead be classified under subheading 6114.30.30 as “other garments, knitted or crocheted,” dutiable at 14.9%, because they don’t provide the support function essential to articles of heading 6212.