Slip Op. 05-89

UNITED STATES COURT OF INTERNATIONAL TRADE

UNITED STATES SHOE CORP.,

Plaintiff, Before: Jane A. Restani, Chief Judge

v. Court No. 94-11-00668

UNITED STATES OF AMERICA,

Defendant.

ORDER

Defendant United States moves for an order establishing a procedure for the final disposition

of all pending Harbor Maintenance Tax (HMT) cases. In defendant’s view, all HMT issues have

been resolved and all HMT claims have been paid pursuant to United States v. United States Shoe

Corp., 523 U.S. 360 (1998) or Swisher Int’l Inc. 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

on the Court’s docket should be dismissed. Plaintiff opposes this motion. In particular, plaintiff

requests that the defendant provide the court with a confidential report listing the paid and unpaid

HMT payments in the database maintained by the Bureau of Customs and Border Protection; that,

prior to dismissal of any case, defendant be ordered to refund all export HMT payments not

previously refunded; and that there be an additional 60-day notice period regarding defendant’s

motion prior to the court acting on that motion.

Upon consideration of the arguments of the parties, it is hereby 

ORDERED that all HMT actions pending after December 1, 2005 be dismissed by the Office

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 intends to file a motion as to why its action should not be

dismissed, and whose action is contained in the Court’s CM/ECF System, electronically file its

motion using the CM/ECF docket event Motion to Stay; and it is further

ORDERED that any plaintiff, who intends to file a motion as to why its action should not be

dismissed, and whose action is not contained in the Court’s CM/ECF System, file its motion

manually titling the document Motion to Stay; and it is further
Court 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 further

ORDERED that any plaintiff, whose action also contains a non-HMT claim, and who intends

to pursue that claim, file a motion to sever the non-HMT claim into a new case by September 26,

2005; and it is further

ORDERED that any plaintiff, who intends to file a Motion to Sever, and whose action is

contained in the Court’s CM/ECF System, electronically file its motion using the CM/ECF docket

event Motion to Sever; and it is further

ORDERED that any plaintiff, who intends to file aMotion to Sever, and whose action is not

contained in the Court’s CM/ECF System, 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. Restani 

Jane A. Restani

Chief Judge

Dated: New York, New York

This 27th day of July, 2005.