June 9, 2006:
FOR IMMEDIATE RELEASE
On Monday, June 5, 2006, the United States Supreme Court denied TKS’s request
for a review of the decision of the U.S. Court of Appeals for the Eighth Circuit denying
TKS's request to overturn the judgment of the U.S. District Court, under the 1916
Antidumping Act, in the Goss v. TKS, et al case.
Even though the 1916 Antidumping Act was previously found to be in violation of
the obligations of the United States under the World Trade Organization and, in
spite of the Government of Japan's strong support for overturning the judgment,
the Supreme Court refused to accept this case for further review.
TKS is greatly disappointed in this decision by the Supreme Court. At this time, the
actual amounts to be paid are subject to further review by the U.S. District Court. In
addition, there are other conditions which must be resolved prior to any payment,
including TKS's rights under the "clawback" statute passed by the Government of
Japan to reimburse any Japanese company subjected to the internationally unlawful
effects of the 1916 Antidumping Act.
TKS is reviewing alternative recourses to recover all or most of the damages arising
out of this unfortunate and costly litigation.