In Hearts Bluff Game Ranch v. U.S., Hearts purchased a large ...

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In Hearts Bluff Game Ranch v. U.S., Hearts purchased a large piece of land that the Army Corps said could be used as mitigation property for wetlands purposes. Later, the state of Texas announced it was building a water reservoir that would put Hearts under water, so it could no longer be used for wetlands mitigation. Hearts sued for uncompensated taking as the property was more valuable for mitigation than under a reservoir. The appeals court held that the state of Texas would have to pay the value of the land as wetlands mitigation property when it bought it for use as a reservoir.
 a. True
  b. False
  Indicate whether the statement is true or false

Question 2

Import Control. In 1996, the International Trade Administration (ITA) of the U.S. De-partment of Commerce assessed antidumping duties against Koyo Seiko Co, NTN Corp, and other companies, on certain tapered roller bearings and their components imported from Japan. In assessing these duties, the ITA requested information from the makers about their home market sales. NTN responded in part that its figures should not include many sample and small-quantity sales, which were made to enable customers to decide whether to buy the products. NTN provided no evidence to support this assertion, however. In calculating the fair market value of the bearings in Japan, the ITA determined, among other things, that sample and small-quantity sales were within the makers' ordinary course of trade. Koyo and others appealed these assessments to the U.S. Court of International Trade. NTN objected in part to the ITA's inclusion of sample and small-quantity sales. On what basis should the ITA make such determinations? Should the court order the ITA to recalculate its assessment on the basis of NTN's objection? Explain.

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Answer to Question 1

FALSE

Answer to Question 2

Import control
The court explained that the purpose of the ordinary course of trade provision is to prevent dumping calculations from being based on sales which are not representative. The ITA must evaluate not just one factor taken in isolation but rather . . . all the circumstances particular to the sales in question. However, the burden rests with the plaintiff to provide the ITA with suf-ficient evidence showing that the sales used in the ITA's calculations are outside the ordinary course of trade. In the absence of adequate evidence to the contrary, . . . sales are within the ordinary course of trade. The method for deciding when sales are outside the ordinary course of trade has been to examine, on a case-by-case basis, the totality of the circumstances sur-rounding the sale or transaction in question to determine whether the sale or transaction is ex-traordinary. In this case, NTN provided the ITA with no evidence of statements and represen-tations made by NTN to the entities obtaining samples or small-quantity purchases to enable the ITA to establish that sample sales were not a normal condition or practice in the trade un-der consideration. The ITA was entitled to refuse NTN's claim that sample sales are by their very nature' outside the ordinary course of trade in the absence of evidence to the contrary. The court stated that the ITA is correct in pointing out that ample sales may well be a type of condition or practice that is normal in the trade under consideration,' especially if such sales are done on a regular and continuous basis.