Senate Report No. 93-1298, 93d Congress, 2d Sess. (1974) 16 4 United States Code of Congressional and Administrative News, pp. 7320, 7389 16 United States Code, Title 19, Sec. 1303 ... 6, 9, 11 United States Code, Title 19, Sec. 1505 13 United States Code, Title 19, Sec. 1514 United States Code, Title 19, Sec. 1516(d) 7, 9, 15, 16 ...2, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18 10 10 United States Code, Title 19, Sec. 1516(f) United States Code, Title 28, Sec. 1582(a) United States Code, Title 28, Sec. 1582 (c) 7 10 10 United States Constitution, First Amendment ....14, 15 United States Constitution, Fifth Amendment 7, 10, 11 IN THE Supreme Court of the United States October Term, 1977 No. 77-539 ZENITH RADIO CORPORATION, Petitioner, VS. UNITED STATES OF AMERICA, Respondent. On Writ of Certiorari to the United States Motion of Craig Corporation, Superscope, Inc., Marantz Company, Inc., Akai America, Ltd., Clarion Corp. of America, J.I.L. Corp. of America, Inc., Kenwood Electronics, Inc., Pioneer Electronics of America, Sanyo Electric, Inc., Kraco Enterprises, Inc., Association of Electronic Importers, and Foreign Trade Association of Southern California for Leave to File Brief as Amici Curiae and Brief of Amici Curiae in Support of Dismissal on Grounds of Unconstitutionality of 19 U.S.C. § 1516(d). Motion for Leave to File Brief as Amici Curiae. Craig Corporation, Superscope, Inc., Marantz Company, Inc., Akai America, Ltd., Clarion Corp. of America, J.I.L. Corp. of America, Inc., Kenwood Electronics, Inc., Pioneer Electronics of America, Sanyo Electric, Inc., Kraco Enterprises, Inc., Association of Electronic Importers and Foreign Trade Association of Southern California (hereinafter "Amici") here —2— by respectfully move for leave to file the attached brief as amici curiae in this case. The consent of the attorneys for the petitioner and the respondent was requested but refused. These refusals are symptomatic of Amici's basic complaint that Amici have been excluded from participation in this litigation from the outset notwithstanding that they are the entities who will be most directly affected by the outcome. Amici and others similarly situated import Japanese electronic products upon which countervailing duties will be imposed if the Zenith Radio Corporation prevails in this litigation.* They are, de facto, the real parties in interest in this dispute. Nevertheless, the statutory provision under which this litigation has been pursued fails to allow participation by the parties who will have to pay the countervailing duties which Zenith seeks to have imposed. Amici seek to raise an issue which has not been raised by either party to these proceedings-the constitutionality of 19 U.S.C. § 1516(d) under which Zenith has brought this action. Neither of the litigants has any motivation for considering this issue. Zenith Radio Corporation is undoubtedly comfortable with a procedure which allows it to bring this action unencum *All of the individually named Amici are United States companies which import large quantities of Japanese consumer electronic products of the type which will be subjected to countervailing duties if Zenith Radio Corporation prevails in this litigation. Amicus Association of Electronic Importers is an organization of thirteen of the largest United States firms which import such Japanese electronic consumer products. Amicus Foreign Trade Association of Southern California is an association of more than 460 importing, exporting and service firms engaged in international trade, vitally interested in the impact and effect of this litigation on international trade. -3— bered by opposition from the parties upon which they seek to impose substantial competitive disadvantages. The United States Department of Justice is not likely to be interested in arguing that a federal law is unconstitutional because of its obligation to uphold and defend such laws. Yet the issue must be considered because, if Amici are correct, a binding decision imposing countervailing duties cannot be rendered in the case now before the Court. Amici respectfully submit that the issue which they seek to raise cannot be avoided and considerations of fairness, justice and judicial economy require that it be considered at this time. Respectfully submitted, MARJORIE M. SHOSTAK, and THEODORE B. OLSON, Attorneys for Amici Curiae. Of Counsel: JAMES F. O'HARA, STEIN, SHOSTAK, SHOSTAK & O'HARA, INC., REX S. HEINKE, GIBSON, DUNN & CRUTCHER. April 1978 —5— Brief of Amici Curiae Craig Corporation, Superscope, Inc., Marantz Company, Inc., Akai America, Ltd., Clarion Corp. of America, J.I.L. Corp. of America, Inc., Kenwood Electronics, Inc., Pioneer Electronics of America, Sanyo Electric, Inc., Kraco Enterprises, Inc., Association of Electronic Importers and Foreign Trade Association of Southern California. Interest of Amici Curiae. Craig Corporation, Superscope, Inc., Marantz Company, Inc., Akai America, Ltd., Clarion Corp. of America, J.I.L. Corp. of America, Inc., Kenwood Electronics, Inc., Pioneer Electronics of America, Sanyo Electric, Inc. and Kraco Enterprises, Inc. are United States companies which import large quantities of Japanese consumer electronic products upon which substantial countervailing duties will be imposed if this Court reverses the decision of the United States Court of Customs and Patent Appeals in this case. Amicus Association of Electronic Importers is an organization of thirteen of the largest United States firms importing Japanese electronic consumer products upon which countervailing duties in amounts totaling over fifty million dollars will be imposed if this Court reverses the decision of the United States Court of Customs and Patent Appeals in this case. Amicus Foreign Trade Association of Southern California is an association of more than 460 importing, exporting, and service firms engaged in international trade and vitally interested in the impact and effect this litigation has had and will have on the importing industry and international trade. The members of the Association include more than 110 firms engaged in |