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December 25, 2003
“FOR IMMEDIATE RELEASE”
On December 3, 2003, a U.S. federal jury in Cedar Rapids, Iowa found that
Tokyo Kikai Seisakusho, Ltd. and its subsidiary, TKS (U.S.A.), Inc.
(collectively “TKS”) were liable for certain limited damages under the 1916
Antidumping Act in an action brought by Goss International Corp. TKS strongly
believes that this verdict was unsupported by the facts and is without legal
foundation.
TKS has filed several post-trial motions with the U.S. District Court
in Iowa, including motions to reverse the jury verdict and, alternatively,
for a new trial. In the event these post-trial motions are unsuccessful,
TKS plans to appeal the verdict to the United States Court of Appeals for
the Eighth Circuit in St. Louis, Missouri and, if necessary, to the United
States Supreme Court in Washington, D.C.
The 1916 Antidumping Act has never been utilized to this extent in its almost
90 year history. In this case, TKS believes it was incorrectly applied. Even
under the most generous interpretations of the language of the Act, TKS believes
it was not in violation of its prohibitions.
Legal scholars from around the world, including the United States, consider the
1916 Antidumping Act to be an anachronism which should have been repealed many
years ago. The World Trade Organization has determined the Act to be in violation
of the treaty obligations of the United States. The 1916 Act creates a risk that
foreign producers of any products from any country trading with the United States
may be subject to similar lawsuits and detrimentally affect global trade and commerce.
Accordingly, on December 15, 2003, shortly after the jury verdict in this case, the
European Union in Brussels enacted Council Regulation (EC) No. 2238/2003 providing
for retaliatory action against any U.S. company which brings a lawsuit under this Act
against a European Community company. The Act provides for the seizure and sale of
the European assets of any such U.S. company to compensate the European company for
any costs, damages or expenses incurred as a result of the application of the 1916
Antidumping Act.
TKS remains wholly committed to the U.S. market and its valued large newspaper press
clients. TKS (U.S.A.), Inc. will continue to expand and build upon its 25 years in
the U.S. market. Tokyo Kikai Seisakusho, Ltd. has a 130 year history of innovation
and service to the newspaper industry and regardless of the outcome of this case
remains steadfastly devoted to serving its clients globally, especially in the United
States.
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