Goss Prevails in Antidumping Suit Against TKS

By: Jim Rosenberg Updated at 3:40 p.m. ET

Two-and-a-half years after filing its complaint, Goss International won its federal lawsuit against Japanese press maker Tokyo Kikai Seisakusho Ltd., and its Texas-based subsidiary, TKS (U.S.A.) Inc.

The jury awarded Goss $10.5 million in damages Wednesday, which, according to the applicable law, Judge Linda Reade tripled to $31.6 million. The applicable law provides that the amount of the award be tripled and include defendants' attorneys' fees, according to William Schopf of Schopf & Weiss, trial counsel to Goss International.

Based in Bolingbrook, Ill., Goss claimed in U.S. District Court in Cedar Rapids, Iowa -- formerly the location of its principal U.S. manufacturing site -- that TKS damaged Goss business by selling presses between 1996 and 2000 at prices below actual market value. The suit was filed under the Antidumping Act of 1916, which requires that the damage be intentional and the practice be "common and systematic."

It is believed to be the only successful litigation under the seldom-invoked law.

The verdict followed a trial lasting almost three weeks. Another Japanese company, Mitsubishi, two German manufacturers, MAN Roland and Koenig & Bauer AG, and their U.S. subsidiaries or affiliates, were named in the suit but reached settlements with Goss many months ago. Details of those settlements were never disclosed.

The suit followed Goss' successful antidumping petitions to the U.S. Department of Commerce and U.S. International Trade Commission, which lead to impositions of antidumping duties.

Goss' antidumping efforts began in 1995, with the sale of several large Mitsubishi presses to The Washington Post. Since that time, the company has experienced three ownership changes and two bankruptcies.

"Goss believes in free and fair trade in all its global activities," Goss CEO Bob Brown said in a statement issued Thursday. "TKS violated U.S. law and then tried to cover up their actions by destroying documents."

A Goss spokesman said the company is evaluating its legal options with respect to the cover-up it alleges. In July, Goss sought to amend its complaint by adding claims under state conspiracy and federal racketeering laws, based on information it said it obtained during discovery in spring. At that comparatively late date, its motion was denied, although the court noted that Goss was free to bring a separate action later. Material related to those late claims, however, was included to support existing claims in the trial just ended.

TKS executives referred all inquiries to the company's attorney, who was not immediately available for comment.

Goss lawyer Schopf called the result "a verdict for American industry and the American worker. We were proud to have been part of the effort."