DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
042604P.pdf 01/23/2006 Goss Intl. Corp. v. Tokyo Kikai
U.S. Court of Appeals Case No: 04-2604
Northern District of Iowa
[PUBLISHED] [Riley, Author, with Smith and Benton, Circuit Judges]
Civil case - Antidumping Act of 1916. Jury verdict that defendant
unlawfully dumped printing press equipment on the U.S. market in
violation of the Antidumping Act of 1916 affirmed; the 1916 Act does
not require the injured party to establish predatory intent; jury instructions
requiring plaintiff to show: (1) defendant sold presses in the U.S. at a
price substantially less that the actual market value or wholesale price, (2)
with the intent to injure or destroy the U.S. industry and (3) that it was
injured , were a correct statement of the law; the district court's
instruction defining the element of intent, while troubling, was not an
abuse of discretion, and did not require reversal; evidence was more than
sufficient to show defendant dumped its printing presses on the U.S. with
the intent of injuring or destroying the U.S. industry; evidence supported
jury verdict in plaintiff's favor on its price erosion claims; evidence was
sufficient to show defendant's and plaintiff's presses were comparable
products; defendant failed to lay any foundation for the admission of
evidence of plaintiff's generalized reputation in the newspaper industry,
and the district court did not err in refusing to admit the evidence; district
court properly applied the four-year statute of limitations to plaintiff's
claims. Judge Smith, concurring in part and dissenting in part.