Goss Graphic Systems v. Man Roland Druckmaschinen

Citation139 F.Supp.2d 1040
Decision Date12 March 2001
Docket NumberNo. C00-35-MJM.,C00-35-MJM.
PartiesGOSS GRAPHIC SYSTEMS, INC., a Delaware Corporation, Plaintiff, v. MAN ROLAND DRUCKMASCHINEN AKTIENGESELLSCHAFT, a German Corporation; Man Roland Inc., a Delaware Corporation; Koenig & Bauer Aktiengesellschaft, a German Corporation; KBA North American, Inc., a Delaware Corporation; Tokyo Kikai Seisakusho, Ltd., a Japanese Corporation; TKS (U.S.A.) Inc., a Delaware Corporation; Mitsubishi Heavy Industries, Ltd., a Japanese Corporation; and MLP U.S.A. Inc., a Delaware Corporation, Defendants.
CourtUnited States District Courts. 8th Circuit. Northern District of Iowa

Patrick M. Roby, Robert M. Hogg, Elderkin Law Firm, Cedar Rapids, IA, William G. Schopf, Steven A. Weiss, Bradley

P. Nelson, Ian H. Fisher, Schopf & Weiss, Chicago, IL, for Plaintiff.

Stephen J. Holtman, Paul Petersen Morf, Simmons Perrine Albright Ellwood, Cedar Rapids, IA, Thomas B. Wilner, Jeffrey M. Winton, Stephen J. Marzen, Meredith Kolsky Lewis, Shearman & Sterling, Washington, DC, Ronald L. Luehrsmann, Timothy S. White, Matthew James Reilly, White & Johnson, PC, Cedar Rapids, IA, Kenneth G. Weigel, Paul F. Brinkman, Karen Walker, Kirkland & Ellis, Washington, DC, Nicholas V. Critelli, Jr., Nicholas Critelli Assoc., Des Moines, IA, Barry J. Reingold, Perkins Cole, LLP, Washington, DC, J. Michael Weston, Randall D. Armentrout, Moyer Bergman, Cedar Rapids, IA, Layla A. Hughes, Steptoe & Johnson, LLP, Washington, DC, Robert W. Fleishman, Eric C. Emerson, Tara R. Gingerich, Steptoe & Johnson, LLP, Washington, DC, for Defendants.

Thomas B. Wilner, Shearman & Sterling, Washington, DC, Pro se.

OPINION and ORDER

MELLOY, District Judge.

This action involves allegations of illegal dumping brought pursuant to the Anti-dumping Act of 1916, 15 U.S.C. § 72 ("the 1916 Act"). Presently pending before this Court are the Defendants' motions to dismiss Goss Graphic Systems, Inc.'s ("Goss") complaint (Docs. 59 and 68 and 146) filed on August 29 and 31, 2000, and March 5, 2001, respectively.1 The motions have been briefed by both parties and oral argument was heard by this Court on October 13, 2000. For the reasons stated herein, the Defendants' motions to dismiss are denied.

I. INTRODUCTION

Goss brings the present action pursuant to the 1916 Antidumping Act alleging that the Defendants, foreign manufacturers of offset web printing presses for large newspapers and their import companies, have been illegally dumping their foreign-made products in the United States at prices far below the prices of such products in their country of origin with the intent of injuring or destroying the United States Newspaper Press industry. The Defendants MAN Roland Druckmaschinen Aktiengesellschaft, MAN Roland, Inc., Koenig & Bauer Aktiengesellschaft, KBA North American, Inc., Mitsubishi Heavy Industries, Ltd., and MLP U.S.A. Inc. move to dismiss Goss' complaint on four separate grounds: (1) Goss failed to allege the Defendants acted with predatory intent and therefore fails to state a claim under the 1916 Act; (2) Goss did not and cannot state a claim that the Defendants sold large newspaper printing presses within the United States at prices "substantially less than the actual market value or wholesale price of such articles in the principal markets of the country of their production or other foreign countries to which they are commonly exported"; (3) Goss' complaint does not and cannot allege that Koenig & Bauer Aktiengesellschaft, imported or assisted in importing newspaper printing presses and thus fails to state a claim against Koenig & Bauer Aktiengesellschaft, under the 1916 Act; and (4) this Court lack personal jurisdiction over Koenig & Bauer Aktiengesellschaft, and KBA North America, Inc. in this forum, and there is also improper venue as to these Defendants. Concomitantly, Tokyo Kikai Seisakusho, Ltd., and TKS Inc. move to dismiss Goss' complaint alleging the actions underpinning Goss' complaint fall outside the requisite statute of limitations and, like their co-defendants' motion, Goss does not and cannot state a claim that the Defendants sold large newspaper printing presses within the United States at prices "substantially less than the actual market value or wholesale price of such articles in the principal markets of the country of their production or other foreign countries to which they are commonly exported" as required by the 1916 Act.

II. FACTS ALLEGED IN GOSS' COMPLAINT

Plaintiff, Goss Graphic Systems, Inc. is a Delaware Corporation with its principal place of business in Westmont, Illinois. Goss manufactures and supplies Newspapers Presses, Newspaper Press additions and other printing press systems for newspaper, advertising, and commercial printing and publishing markets. Goss' manufacturing facilities in the United States are located in Cedar Rapids, Iowa.

Defendant MAN Roland Druckmaschinen Aktiengesellschaft ("MAN Germany") is a German corporation with its principal place of business in Offenbach, Germany. MAN Germany is a wholly owned subsidiary of MAN Aktiengesellschaft. MAN Germany manufactures Newspaper Presses and Newspaper Press additions in Germany. It distributes these products in Germany, the United States, and other countries through its affiliates and subsidiaries, including MAN Roland, Inc.

Defendant MAN Roland, Inc. ("MAN USA") is a Delaware Corporation with its principal place of business in Westmont, Illinois. MAN USA is a wholly owned subsidiary of MAN Capital Corporation, which in turn, is a wholly owned subsidiary of MAN Aktiengesellschaft. MAN USA imports, markets, and sells in the United States Newspaper Presses and Newspaper Press additions that are manufactured by MAN Germany.

Defendant Koenig & Bauer Aktiengesellschaft ("KBA Germany") is a German corporation with its principal place of business in Wuerzburg, Germany. KBA Germany manufactures Newspaper Presses and Newspaper Press additions in Germany. It distributes these products in Germany, the United States, and other countries through its subsidiaries, including KBA North American, Inc.

Defendant KBA North American, Inc. ("KBA NA") is a Delaware corporation with its principal place of business in York, Pennsylvania. KBA NA is a wholly owned subsidiary of KBA Germany. KBA NA imports, markets, and sells in the United States Newspaper Presses and Newspaper Press additions that are manufactured by KBA Germany.

Defendant Tokyo Kikai Seisakusho, Ltd. ("TKS Japan") is a Japanese corporation with its principal place of business in Tokyo, Japan. TKS Japan manufactures Newspaper Presses and Newspaper Press additions in Japan. It distributes these products in Japan, the United States, and other countries through its subsidiaries, including TKS Inc.

Defendant TKS Inc. ("TKS USA") is a Delaware corporation with its principal place of business in Richardson, Texas. TKS USA is a wholly owned subsidiary of TKS Japan. TKS USA imports, markets, and sells in the United States Newspaper Presses and Newspaper Press additions that are manufactured by TKS Japan.

Defendant Mitsubishi Heavy Industries, Ltd. ("Mitsubishi") is a Japanese corporation with its principal place of business in Tokyo, Japan. Mitsubishi manufactures Newspaper Presses and Newspaper Press additions in Japan. It distributes these products in Japan, the United States, and other countries through its subsidiaries, including MLP U.S.A., Inc.

Defendant MLP U.S.A., Inc. ("MLP USA") is a Delaware corporation with its principal place of business in Lincolnshire, Illinois. MLP USA is owned by Mitsubishi and Mitsubishi Corporation. MLP USA imports, markets, sells, and services Newspaper Presses in the United States that are made by Mitsubishi.

In its complaint Goss alleges that "[f]or years, the Defendants have offered and sold Newspaper Presses and Newspaper Press additions in the United States at prices substantially less than their actual market value in other countries, after adding freight, tariffs, and other charges and expenses. The Defendants have undertaken this conduct — called `dumping' — in a deliberate effort to destroy or injure the United States Newspaper Press Industry."

In support of these allegations Goss points to the United States Government's investigation into the Defendants' alleged dumping, the Government's ultimate conclusion that the Defendants did engage in dumping in violation of the 1930 Tariff Act and finally the Government's imposition of tariffs on the Defendants. Goss further alleges that despite the Government's findings and imposed tariffs, the Defendants continued to illegally dump their foreign made products in the United States.

Goss contends "[t]he Defendants' conduct has had the intended effect of substantially suppressing Newspaper Press prices in the United States below Newspaper Press prices in foreign markets, and thus, injuring the United States Newspaper Press industry."

These actions, Goss maintains, amount to violations of the Antidumping Act of 1916, 15 U.S.C. § 72. Goss avers they have been injured and continue to be injured by the Defendants' violations and Goss seeks threefold damages, costs of the suit and reasonable attorney's fees.

III. STANDARD OF REVIEW FOR RULE 12(b)(6) MOTION TO DISMISS

A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) requires the court to review only the pleadings to determine whether they state a claim upon which relief can be granted. See Fed. R.Civ.P. 12(b)(6). In considering a motion to dismiss, the court must assume that all facts alleged in a plaintiff's complaint are true, and must liberally construe those alleged facts. See Zinermon v. Burch, 494 U.S. 113, 118, 110 S.Ct. 975, 108 L.Ed.2d 100 (1990); Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); see also Doe v. Norwest Bank Minnesota, N.A., 107 F.3d 1297, 1303-04 (8th Cir. 1997); Fusco v. Xerox Corp., 676 F.2d 332, 334 (8th Cir.1982) (finding complaint must be construed...

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