Federal Circuit appellate says æfestiveÆ earrings arenÆt duty-free
The U.S. Court of Appeals for the Federal Circuit has reversed a 2003 decision by the Court of International Trade that held that various earrings and pins with Christmas and Halloween themes were properly classifiable as duty-free 'festive' articles.
The Court of International Trade had determined that such items were not imitation jewelry. The appeals court ruled otherwise, noting that the earrings and pins constituted 'jewelry' under the 'rule of relative specificity,' because 'jewelry' is more specific than a particular class of 'festive' articles. The case title is 'Russ Berrie & Co. Inc. v. United States,' decided by the Court of Appeals for the Federal Circuit Aug. 27.