Is Trade Sexist? How “Pink” Tariff Policies’ Harmful Effects Can Be Curtailed Through Litigation and Legislation

Women in the United States face unconscious and conscious sexism in many aspects of their lives. United States trade policy exacerbates this issue by imposing gender-based tariff rates that cause women to pay more for their apparel and footwear. This is due to the United States placing different tariffs on different products based on whether the product is meant for use by “females” or “males.” While some tariffs favor men and some favor women, the overall tariff burden still rests on women. The goal of this Note is to discuss the likelihood of solving this problem through litigation or legislation. This Note will first analyze and review the two cases regarding this issue that have been heard at the United States Court of Appeals for the Federal Circuit level. It will discuss why the tariffs are facially discriminatory, and why they deserve to be treated with the intermediate scrutiny standard. This Note will also show that with a changing culture and court composition, courts may rule differently on this issue moving forward. It will conclude by analyzing the possibility of these gendered tariffs being abolished through legislation.

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