GREGG AND SHAHEEN INTRODUCE TWO BILLS TO SUPPORT GOSS INTERNATIONAL IN TRADE DISPUTE

March 12, 2009

WASHINGTON, DC – U.S. Senators Judd Gregg (R-NH) and Jeanne Shaheen (D-NH) today introduced two pieces of legislation to support Goss International Corporation in its ongoing antidumping trade dispute with a Japanese competitor, Tokyo Kikai Seiskusho (TKS).  In 2003, Goss International, which employs hundreds of workers at its Dover and Durham, New Hampshire locations, won a $31.6 million court judgment in an anti-dumping lawsuit against TKS, but the Japanese government instituted a “claw back” provision to make Goss’s Japanese subsidiary repay the judgment.

 

The first piece of legislation, introduced by Senator Gregg and cosponsored by Senator Shaheen, would effectively nullify retaliatory actions taken by the Japanese government in Goss’s anti-dumping lawsuit against TKS.  The second piece of legislation, introduced by Senator Shaheen and cosponsored by Senator Gregg, would require U.S. Customs and Border Protection to collect a special duty from TKS in accordance with a penalty imposed by the Department of Commerce.

 

Senator Gregg stated, “It is critical for Goss International, its workers in New Hampshire, and for anyone who believes in fair trade, that foreign companies which have broken our trade laws be brought to justice. TKS has committed fraud against the government, has been found guilty in our courts, and has been ordered to pay over $30 million in damages.  TKS should not be allowed to escape punishment, and the Japanese government should not be allowed to nullify this penalty through retaliatory acts that are solely intended to subvert our rule of law. 

 

“Along with Senator Shaheen, I am pleased to introduce legislation that will help Goss fight back in court against the Japanese government’s tactics.  I also welcome the opportunity to cosponsor Senator Shaheen’s measure that tries to address the federal government’s failure to collect antidumping duties that were ordered the Department of Commerce.  I look forward to working on these measures and will continue exploring other avenues for helping Goss in this trade dispute.  With hundreds of manufacturing jobs in New Hampshire at stake, I hope that this Congress and the Administration will also fight for these workers and take action against TKS.”

 

Senator Shaheen stated, “Fair trade means enforcing penalties that hurt U.S. businesses and taxpayers, and I’m glad Senator Gregg has joined with me on this important legislation to ensure that TKS pays our government what it owes,” said Senator Shaheen. “Our entire delegation stands united behind Goss in this dispute, and I look forward to working with business leaders at Goss and my colleagues to arrive at a just and fair conclusion to this dispute.”

 

Gregg’s legislation prevents a foreign court’s judgment relating to the Antidumping Act of 1916 from being enforced against a U.S. company or its affiliate in any federal or state court, while also providing a legal remedy in U.S. court if the American company is forced to comply with a foreign court’s judgment.  In those cases, the cause of action would be liable against the foreign defendant that received damages under the foreign court’s judgment.  Together, these provisions would effectively nullify any effort by TKS to use the claw back statute enacted by the Japanese government. 

 

Shaheen’s legislation would give U.S. Customs and Border Protection the authority to collect antidumping duties that were evaded by TKS, whose fraud and dumping severely injured U.S. industry and cost U.S. taxpayers millions of dollars.  The House version of this legislation has been introduced by U.S. Congresswoman Carol Shea-Porter.

 

The dispute between Goss and TKS dates back to a 1996 determination by the U.S. government that foreign printing press manufacturers, TKS in particular, had dumped printing press equipment in the U.S., selling it at less than half its normal value.  Based on the 1996 determination, Goss won a $31.6 million judgment in a jury trial against TKS in 2003, although the Eighth Circuit Court of Appeals later ruled that the District Court did not have jurisdiction to order TKS to cease action under Japan’s claw back statute.

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Alex Reese