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BP Business Economic Loss Claim Appeal 2016-1282: NAICS Code and Claimant’s Advertising and Website Negate Tourism Designation Despite Location


The following is an Appeal Panel Decision issued pursuant to Section 6 of the BP Deepwater Horizon Economic & Property Damages Settlement Agreement and the Rules Governing the BP Appeals Process. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms.

This is one of a number of appeals by Claimant with shoe stores in various locations in an around the Gulf region for which it asserts entitlement under a “tourism” designation.
The Claims Administrator (“CA” )consistently denied the claim on grounds that the nature of the Claimant’s businesses was self and otherwise described as a “shoe store” and therefore did not qualify under the “tourism” designation.
Claimant asserts that the CA erred by not considering the “totality of the circumstances” that would otherwise support such designation. Indeed this appeal arises out of Claimant’s store location in the in Hoover, Alabama.Claimant cites to numerous characteristics of the locations as being a “tourist destination in Alabama”.  It also insists that it sells an assortment of other merchandise other than shoes.It is uncontroverted that the Claimant’s NAICS Code is listed as 448210 (Retail Store-Shoes). It is also clear that its marketing and website define its primary business as retail sale of shoes. The Claimant’s effort to focus on the characteristics of the location does not take priority over the store’s own individual characteristics. Claimant is clearly a shoe store that is not entitled to a “tourism designation” for which the CA’s decision is
correct, and the appeal is properly denied.

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