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for $10.5 million for violating the now repealed Antidumping Act of 1916, which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.