Tuesday, July 29, 2008

Toys "R" Us, Inc. v. United States

The United States Court of International Trade recently remanded an antidumping order for wooden bedroom furniture, to the United States Department of Commerce. The reasoning, for the determination of if wooden toy boxes could fall under the scope of the order for wooden bedroom furniture under 19 C.F.R. 351.225(k)(2), as it was to ambiguous to fall under the scope of 351.225(k)(1). The key to this ambiguity, what constitutes bedroom furniture? The court found that the order for bedroom furniture was to vague for a decision to be made on the boxes which could be used outside of the bedroom. However the true shining moment of this case came from the ITC petition which provided this nearly theological definition of the place we call home.

Because a bedroom is the room in which people sleep, it is also the room in which people dress and undress, and is, therefore, the room in which people store their clothes. In terms of daily life, these functions are the essence of a bedroom - and have been, since time immemorial - and they are so linked as to be inseparable.

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