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Sept.

2006





 



 

 

 

 

 

 

 


 

 

 


 

 

 

 

 

 

 



 














 

 

TKS pays dumping fine to Goss
 

Tokyo Kikai Seisakusho settled its financial obligation to Goss International Corp. following the resolution of its antidumping legal battle.

According to court records, TKS paid Goss more than $38 million to satisfy the judgment levied against it by a U.S. District Court jury in 2003.

The judgment by the jury was for $10.5 million for violating the now repealed Antidumping Act of 1916, which was then automatically trebled. Goss was also entitled to collect its attorney’s fees.

 

A federal appeals court affirmed the verdict earlier this year. TKS asked the U.S. Supreme Court to review that decision, but on June 5 the  high court declined to review the case, in the process letting the  district court ruling stand.

Goss also successfully obtained a preliminary injunction from U.S. District Court Judge Linda Reade that prevents TKS from attempting to recover the money as part of Japanese “clawback” legislation that allows the vendor to counter sue in Japan to collect any damages awarded under the 1916 Act by U.S. courts to a U.S. company.

TKS has appealed the injunction to the 8th U.S. Circuit Court of Appeals.