On July 20, 2009, the CIT issued its decision in Michael Simon Design Inc. v. United States in which Michael Simon Design Inc. and others challenged a presidential proclamation that made certain changes to the HTSUS. The changes to the HTSUS involved classification of certain holiday apparel and other utilitarian holiday merchandise. The changes were recommended by the US International Trade Commission (“ITC”) based on proposed amendments to the Harmonized System (“HS”) by the World Customs Organization (“WCO”), and were ultimately given effect by President Bush in 2007. The CIT ultimately dismissed the challenge for lack of subject matter jurisdiction, noting that this was the first time it had to determine whether a challenge to President Bush’s modification of the HTSUS falls within its exclusive jurisdiction under 19 U.S.C. § 1581(i). The CIT explained that to invoke the CIT’s jurisdiction under Section 1581(i), a plaintiff must suffer a legal wrong because of agency action or be adversely affected or aggrieved by agency action within the meaning of a relevant statute. The CIT concluded that it lacked subject matter jurisdiction to review the challenge because—while the plaintiffs stated that they were challenging the ITC’s decision to implement modifications to the HTSUS—the authority to modify the HTSUS lies with the President, and the ITC merely plays an advisory role in the modification process. Because the proclamation was a presidential act—not an “agency act”—the CIT found that it fell outside the scope of its review.