Goss Praises Department Of Commerce Decision To Reinstate Dumping Order Due To Fraud
Press release from the issuing company
Goss International today praised the U.S. Secretary of Commerce for taking decisive action to protect U.S. industry and workers from unfair and fraudulent trade practices. In its determination, the U.S. Department of Commerce reinstated the antidumping duty order against a Japanese printing press manufacturer, Tokyo Kikai Seisakusho (“TKS”), due to fraud committed on the Department by TKS and its U.S. subsidiary, TKS (U.S.A.) Inc.
In its decision, the Department found “a uniquely egregious display of misconduct by a respondent in an antidumping proceeding . . . TKS deliberately embarked on a campaign to withhold and misrepresent material information specifically requested by the Department.” (Department of Commerce Issues and Decision Memorandum at 11 (March 1, 2006)).
As a result, the Department reversed its earlier finding that TKS’s U.S. sales were not dumped, reinstated the antidumping duty order with respect to TKS, and announced its intention to reopen sunset review proceedings to determine whether to reinstate the order with respect to all Japanese printing press manufacturers.
“By enforcing U.S. trade laws, the Secretary of Commerce is upholding the principles of fair, rules-based international trade and a level playing field for all manufacturers,” according to Bob Brown, CEO of Goss International, a U.S.-based printing press manufacturer. “These are principles that drive fair competition, innovation and opportunity for manufacturers and consumers.”
“TKS knowingly broke U.S. laws and then committed blatant acts of fraud against the U.S. government in an attempt to avoid penalties,” added Brown. “The Department of Commerce and the Administration are standing up for U.S. manufacturers and sending the right message that failure to play by the rules has meaningful consequences.”
Evidence of fraud on the U.S. government by TKS surfaced in a lawsuit in which Goss International won a $35 million judgment against TKS for violations of the Antidumping Act of 1916. In the lawsuit, an Iowa federal court detailed a laundry list of evidence that TKS intentionally dumped its products on the U.S. market, and then engaged in various schemes to conceal its dumping. In January, the federal Eighth Circuit Court of Appeals rejected TKS’s appeal of the judgment and upheld the jury’s award.
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