Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!news.media.mit.edu!americast.com!americast.com!usa-post Newsgroups: usa-today.law From: usa-post@AmeriCast.Com Organization: American Cybercasting Approved: usa-post@AmeriCast.com Subject: law Wed, May 20 1992 Date: Wed, 20 May 92 05:20:57 EDT Message-ID: 05-20 0000 DECISIONLINE: Business Law USA TODAY Update May 20, 1992 Source: USA TODAY:Gannett National Information Network COMMERCE FINDS `DUMPING': The Commerce Department ruled Tuesday that minivans made by Toyota and Mazda are being sold at prices that are too low or "dumped," in the USA. The ruling said that - compared to similar models sold in Japan - Toyota has been unfairly pricing Previas 6.8% too low and Mazda has been pricing its MPV 12.7% too low. The case now goes to the International Trade Commission. (For more, see special Minivan package below.) SUPERFUND CHANGES DEBATED: A House Public Works panel heard arguments Tuesday on whether the Superfund law should be changed to limit what towns pay to remove hazardous waste from landfills they share with industries. Bellmawr, N.J., Mayor Joseph Petruzzi and state environmental officials urged the change. But attorney John Lynch said it would be a refusal to acknowledge their contribution to the problem. MACY TO ANNOUNCE CLOSINGS: Retailer R.H. Macy & Co. will decide by Thursday which of its 120 Macy's department stores it will close. Macy says eight to 10 stores will be shut. Macy has operated under bankruptcy court protection since January. Also, Macy won a nine-month extension to Feb. 26 to file a reorganization plan, though an outline is due Sept. 15. CIGARETTE BILL ADVANCES: Two New York Assembly committees advanced a bill Tuesday that restricts cigarette vending machines and limits tobacco advertising in public facilities and on mass transit and highways. But because of questions on Constitutional guarantees of free speech, the bill may not make it to Gov. Mario Cuomo's desk. The state Senate has a similar bill, but it does not prohibit tobacco ads. BILL AIMS AT SALES, ADVERTISING: A measure approved Tuesday by the New York Assembly Codes and Ways and Means committees focuses on tobacco sales and advertising. The bill allows advertising in public facilities only if an equal amount of space is given to anti-smoking ads; limits vending machines to areas that are not accessible to youths; and outlaws distribution of tobacco product samples. L.A. GEAR ANNOUNCES SETTLEMENT: L.A. Gear Inc. said Tuesday it will pay $404,000 as part of a settlement with the Commerce Department regarding alleged violations of the antiboycott provisions of the Export Administration Act and Regulations governing the Arab boycott of Israel. The alleged violations occurred on three separate transactions during the period July 1987 through May 1990. CLASS ACTION DISMISSED: Howtek Inc. Tuesday announced the dismissal of Greenberg vs. Howtek, a $20 million class action lawsuit brought against the company last year. The lawsuit alleged violations of federal securities laws and fraud by the company, its chairman and president. BILL WOULD END PA. COMPUTER TAX: Pennsylvania Sen. Melissa Hart, R-McCandless, Tuesday introduced legislation to repeal the state's 6% sales tax on computer services, a tax dubbed the "technology killer" by those backing her bill. The Pennsylvania Technology Council said more than 500 companies have banded together to fight the tax. Observers, however, say it is unlikely that the legislation will pass. FIRM FIGHTS FOR NAME, LOGO: Old Glory Condom Corp. of Provincetown, Mass., Wednesday asks a U.S. Trademark Office appeal panel to overturn the federal agency's refusal to grant a trademark for the company's name and logo. The agency said the logo of a flag shaped like an unfurled condom would "scandalize or shock the conscience" of the public. SPECIAL PACKAGE ON MINIVANS: MAZDA, TOYOTA REACT: Mazda and Toyota reacted to a finding Tuesday by the Commerce Department that they are "dumping" minivans in the USA by saying that prices have been raised enough since the probe began to satisfy officials. Also, the firms say they gave Commerce access to secret pricing data that was ignored. But Commerce said it did not believe the numbers. ITC TO RULE NEXT: The next step in the process is for the International Trade Commission to decide within 45 days whether U.S. van makers - with 88% of the market - have been hurt by dumping. If so, Commerce would impose duties equal to Japan's alleged under-pricing. The Japanese probably would absorb the tariffs, but could pass them on in full to U.S. buyers, pushing prices over $20,000. SUPPLIER CIRCLES CITED: U.S. carmakers said Tuesday that the ruling is the first official evidence that Japanese carmakers use their close-knit supplier circles to price vehicles artificially low in the USA. "It's the first time in our industry that we started to lift this veil and see what's going on," said Thomas Hanna, president and chief executive of the Motor Vehicle Manufacturers Association. (End of package.) Business Law Editor: Jason P. Smith. (919-855-3491) Making copies of USA TODAY Update (Copyright, 1992) for further distribution violates federal law. This article is copyright 1992 Gannett News Service. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM