Slip Op. 05-89 UNITED STATES COURT OF INTERNATIONAL TRADE

UNITED STATES SHOE CORP.,

Plaintiff, Before: Jane A. Res tani, Chief Judge

v. Court No. 94-11-00668

UNITED STATES OF AMERICA,

Defend ant. ORDER Defendant

United States moves for an order establishing a proce dure for the final disposition of all pending Harbor Maintena n ce Tax (HMT) cases. I

n defendant’s view, all HMT issues have been resolve d and all H

MT claims have been paid pursuant to United States v. United States Shoe Corp ., 523 U.S. 360 (1998) or Swisher Int’l I nc. v. United States , 205 F.3d 1358 (Fed. Cir. 2000), cert. denied , 531 U.S. 1036 (2000). Accordingly, defendant maintains that all HMT cases remaining onthe Court’s doc ket should be dismissed. Plaintiff opposes this motion. In particular, plaintiff requests that the defendant providethe court with a confide ntial rep ort listing

the paid a

nd unpaid HMT payments in the databa se maintained by the B ureau of Customs and Border Protection; that, prior to dismissa

l of any case , def

endant be ordered to refund all export HMT pay ments not previous ly

r efunded; and that there be an additional 60-day notice period regarding de fendant’s motion prior to the court acting on that motion. Up on co ns id er at io n o f t he ar gu me nt s o f t he pa rt ie s, it is he re by ORDERED that all HMT actions pending after Dece mber 1, 2005 be dismissed by the Off ice of the Clerk without further direction of the court; and it is further ORDERED that any

plaintiff, who believes its action should not be dismissed, file a motion to stay said dismissal by

September 26, 2005; and it is further ORDERED that any

plaintiff , who inte nds to file a mot

ion as to wh

y its action should

not be dismissed, and whose

action is c ontained

in the Cour

t’s CM/E C F Sy stem, ele ctronic ally file its motion using

the CM/ECFdocket e

vent Motion to Stay ; and it is further ORDERED that any plaintiff, who intends to

file a mot ion as to wh

y its action should not be dismissed, and whose

action is n

ot contai ned in the

Court’ s C M/ EC F S ys tem, file its motion manually titling the docume

nt Motion to Stay ; and it is furtherCourt No. 94-11-00668 Page 2

ORDERED that

the defendant respond by

October 28, 2005 to each motion to stay dismissal filed by a plaintiff; and it is furthe r ORDERED that any

plaintiff , whose a ction also contains a non-HMT claim, and who intends to pursue that claim, file a mot ion to seve

r the non- HMT claim

into a new

case by Se ptember

26, 2005; and it is further ORDERED th at an y p la intiff, who intends to file a Motion to Sever , and whos e action is contained inthe Court’ s CM/ECF Sy stem, ele ctronic ally

file its motion using the CM/ECF docket event Motion to Sever ; and it is further ORDERED that any plaintiff, who intends to file a Motion to Sever , and whose action is not contained in the Cour

t’s CM/ECFSyst

em, file its motion manually titling the document Motion to Sever ; and it is further ORDERED that the Office of the Clerk serve a copy of a notice implementing this order on each plaintiff who has a HMT case pending before the court; and it is further ORDERED that the Office of the Clerk post a copy of this order on the Harbor Maintenance Tax page on the Court’s Website.

/s/ Jane A. Re stani Jane A. Restani Chief Judge

Dated: New York, New York This 27th day of July , 2005.