GOSS INTERN. v. MAN ROLAND DRUCKMASCHINEN

No. 06-2658.

491 F.3d 355 (2007)

GOSS INTERNATIONAL CORPORATION, formerly known as Goss Graphic Systems, Inc., a Delaware corporation, Plaintiff/Appellee, v. MAN ROLAND DRUCKMASCHINEN AKTIENGESELLSCHAFT, a German corporation; Man Roland, Inc., a Delaware corporation; Koenig & Bauer Aktiengesellschaft, a German corporation; KBA North America, Inc., a Delaware corporation, Defendants, Tokyo Kikai Seisakusho, Ltd., a Japanese corporation; TKS (U.S.A.), Inc., a Delaware corporation, Defendants/Appellants, Mitsubishi Heavy Industries, Ltd., a Japanese corporation; MLP U.S.A., Inc., a Delaware corporation, Defendants, The Government of Japan, Amicus on Behalf of Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2007.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Carter G. Phillips of Washington, D.C. Lawrence R. Walders and Neil R. Ellis of Washington, D.C. appeared on the brief. Peter J. Toren of New York, NY appeared on the brief. Hoken S. Seki of Lake Forest, IL appeared on the brief. Lorane F. Hebert of Washington, D.C. argued for Amicus the government of Japan. Raymond S. Calamaro and Jonathan T. Stole of D.C. appeared on the brief.

Counsel who presented argument on behalf of the appellee was William G. Schopf of Chicago, IL. Bradley P. Nelson, Ian H. Fisher and Jose A. Lopez of Chicago appeared on the brief. Patrick M. Roby of Cedar Rapids, IA appeared on the brief.

Before RILEY, SMITH, and BENTON, Circuit Judges.


RILEY, Circuit Judge.

On December 3, 2003, a jury found Japanese-based Tokyo Kikai Seisakusho, Ltd. (TKS), liable to Goss International Corporation (Goss), under the Antidumping Act of 1916 (the 1916 Act), 15 U.S.C. § 72 (repealed 2004), which made it unlawful for foreign persons to sell imported articles within the United States at a price substantially less than the actual market value or wholesale price at the time of exportation, with the intent of destroying...

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