Goss International Corporation v. Tokyo Kikai Seisakusho, Ltd.
United States District Court for the Northern District of Iowa
435 F. Supp. 2d 919 (2006)
- Written by Rose VanHofwegen, JD
Facts
Manufacturer Goss International Corporation (Goss) (plaintiff) sued competitor Tokyo Kikai Seisakusho Limited and TKS (U.S.A.) Inc. (collectively TKS) (defendants) for dumping products into the United States market at unfair prices in violation of the Antidumping Act of 1916. Goss won over $35 million, and TKS appealed. When Congress repealed the Antidumping Act as to suits not yet filed, Japan enacted a clawback statute (the Japanese Special Measures Law) that allowed Japanese companies to sue in Japan to reclaim judgments paid under the Antidumping Act from the claimants who won them. The parties stipulated that TKS would not sue Goss in Japan until exhausting its appeal and giving Goss 14 days’ notice. Hours after the Supreme Court denied TKS’s petition for certiorari, TKS notified Goss it would sue in Japan in 14 days. Goss moved for preliminary and permanent injunctions to prevent TKS from bringing the foreign suit. The court ruled 12 days later.
Rule of Law
Issue
Holding and Reasoning (Reade, J.)
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