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Goss International Corporation v. Man Roland Druckmachinen Aktiengesellschaft
United States Court of Appeals for the Eighth Circuit
491 F.3d 355 (2007)
Goss International Corporation (Goss) (plaintiff) manufactured newspaper-printing equipment for sale in the United States. Tokyo Kikai Seisakusho Limited (TKS) (defendant) began competing with Goss by selling equipment in the United States produced in Japan for below the cost of manufacturing, a tactic known as dumping. Goss sued TKS under the Antidumping Act of 1916 and was awarded a judgment of $35 million. During TKS’s appeal, Congress repealed the Antidumping Act, but only as to suits not yet filed. Japan then enacted a Special Measures Law, allowing Japanese companies to bring suit in Japan to re-collect for judgments paid under the Antidumping Act. Goss was successful on appeal, and TKS paid the judgment owed to Goss. Goss then filed a motion for preliminary and permanent injunctions to prevent TKS from filing suit in Japan to recover the payment under the Special Measures Law. The district court issued a preliminary injunction against TKS.
Rule of Law
Holding and Reasoning
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