International Trade Reporter Decisions



	Home > Decisions International Trade Reporter Decisions The following is a summary of decisions published in BNA's International Trade Reporter Decisions, dated September 25, 2003. Decisions In This Issue 24 ITRD 1801-1832 Highlights DUMPING Commerce properly drew adverse inference in assigning dumping margin where respondent could have provided data in timely manner when originally requested but failed to do so; adverse inference may not be drawn merely from failure to respond, but only under circumstances in which Commerce reasonably expected more forthcoming responses should have been made; i.e., under circumstances in which it is reasonable to conclude that less than full cooperation has been shown. (Nippon Steel Corp. v. U.S., CA FC, 8/8/03), p. 1449 TAXATION Import and domestic unloading portions of HMT are severable from unconstitutional export provision; HMT as applied to imports and domestic unloadings is "user fee" and not tax as it is fair approximation of use of ports, is not excessive in relation to expenditures by government, and HMT's ad valorem charge is based upon fair approximation of cost of benefits provided for port users. (Thomson Multimedia Inc. v. U.S., CA FC, 8/18/03), p. 1456 PROCEDURE ITC motion to stay action pending appeal from final judgment in another case must be denied as court cannot conclude that stay would ultimately advance this particular action and movant failed to make strong showing that stay is necessary and that disadvantageous effect on others would be clearly outweighed. (Georgetown Steel Co., LLC v. U.S., US CIT, 4/1/03), p. 1478 PROCEDURE Court denies motion for writ of mandamus to require Customs Service to hire more personnel or devote more presently employed personnel to process HMT refunds since court has no reason to interfere in Customs's administrative decision-making or to assume supervision of project as long as Customs does not relax its duty to get improperly obtained payments to payors on reasonable schedule. (Eastman Chemical Co. v. U.S., US CIT, 4/3/03), p. 1481 Table of Cases Eastman Chemical Co. v. U.S. (US CIT), p. 1481 Former Employees of Henderson Sewing Machines v. Sec. of Labor (US CIT), p. 1466 Georgetown Steel Co., LLC v. U.S. (US CIT), p. 1478 Luoyang Bearing Factory v. U.S. (US CIT), p. 1484 Maui Pineapple Co., Ltd. v. U.S. (US CIT), p. 1490 Nippon Steel Corp. v. U.S. (CA FC), p. 1449 Pomeroy Collection, Ltd. v. U.S. (CA FC), p. 1464 San Francisco Candle Co., Inc. v. U.S. (US CIT), p. 1505 Thomson Multimedia Inc. v. U.S. (CA FC), p. 1456 Contact the Webmaster at webmaster@bna.com 1801 S. Bell Street, Arlington, VA 22202 - Phone: 1-800-372-1033 Copyright © The Bureau of National Affairs, Inc. All Rights Reserved.