Cardozo Journal of Equal Rights & Social Justice
Abstract
The note argues that gender-based classifications in the Harmonized Tariff Schedule of the United States (HTSUS) likely violate the Equal Protection Clause of the Fourteenth Amendment. It critiques the Federal Circuit's application of a lower level of scrutiny in Totes-Isotoner Corp. v. United States and advocates for courts to apply intermediate scrutiny, as established by Craig v. Boren, to such classifications. The analysis also examines the role of the Office of the U.S. Trade Representative (USTR) in trade negotiations and asserts that international agreements cannot override constitutional protections.
Disciplines
Constitutional Law | Fourteenth Amendment | International Trade Law | Jurisdiction | Law | Law and Gender
Recommended Citation
Jason Lewis,
Gender-Classified Imports: Equal Protection Violations in the Harmonized Tariff Schedule of the United States,
18
Cardozo J. Equal Rts. & Soc. Just.
171
(2011).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol18/iss1/9
Included in
Constitutional Law Commons, Fourteenth Amendment Commons, International Trade Law Commons, Jurisdiction Commons, Law and Gender Commons