U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

I. Whether the Federal Circuit erred in holding, contrary to this Court’s precedent, that a product’s post-importation modification and use can determine its classification under a tariff heading that is not statutorily “controlled by use.”

II. Whether the Federal Circuit erred in holding, in conflict with the decisions of the other twelve Circuits, that an appellee must brief issues not decided by the trial court or raised by the appellant to preserve them for remand.

Case Updates

Cert. petition denied

June 29, 2020

U.S. Chamber urges Supreme Court to review Federal Circuit decision departing from settled principles of tariff classification

March 19, 2020

Click here to view the amicus brief filed jointly by the U.S. Chamber and National Association of Manufacturers. Jessica L. Ellsworth of Hogan Lovells US LLP served as co-counsel for the amici.

Previously, the U.S. Chamber filed an amicus brief in the Federal Circuit supporting panel rehearing and rehearing en banc.

Case Documents