II 110th CONGRESS 2d Session S. 3394 IN THE SENATE OF THE UNITED STATES July 31, 2008 Mr. Sununu (for himself and Mr. Gregg) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To prevent the undermining of the judgments of courts of the United States by foreign courts, and for other purposes.

1.

Unenforceability of certain foreign judgments

(a)

Definitions

In this Act: (1)

Antidumping Act of 1916

The term Antidumping Act of 1916 means section 801 of the Act entitled An Act to increase the revenue, and for other purposes, approved September 8, 1916 (39 Stat. 798, chapter 463), and repealed by section 2006 of the Miscellaneous Trade and Technical Corrections Act of 2004 (Public Law 108–429; 118 Stat. 2597). (2)

Foreign defendant

The term foreign defendant means a person against which a court of the United States has entered a final judgment under the Antidumping Act of 1916. (3)

United States plaintiff

The term United States plaintiff means a person that obtains damages pursuant to a final judgment of a court of the United States under the Antidumping Act of 1916. (b)

Unenforceability of certain foreign judgments

A judgment of a foreign court or agency under a foreign statute described in subsection (c) that requires a United States plaintiff or an affiliate of a United States plaintiff to pay damages to a foreign defendant may not be enforced by any Federal or State agency, department, or court. (c)

Foreign statute described

A foreign statute described in this subsection is a statute of a foreign country that has the effect of nullifying all or part of a final judgment of a court of the United States under the Antidumping Act of 1916 by enabling a foreign defendant that has paid damages pursuant to such judgment to recover any portion of such damages from the United States plaintiff or an affiliate of the United States plaintiff. (d)

Civil action for damages

(1)

In general

A United States plaintiff or an affiliate of a United States plaintiff held liable, or required to forfeit or pay damages, pursuant to a foreign judgment described in subsection (b) may file a civil action against the foreign defendant that obtained damages pursuant to the foreign judgment. The action may be filed in the district court of the United States that issued the final judgment with respect to the United States plaintiff under the Antidumping Act of 1916. (2)

Damages

A United States plaintiff or an affiliate of a United States plaintiff that files a civil action under paragraph (1) shall be entitled to recover— (A)an amount equal to the damages obtained by the foreign defendant from the United States plaintiff or an affiliate of a United States plaintiff pursuant to the foreign judgment, including any interest; and (B)any related costs, including reasonable attorneys’ fees. (e)

Effective date

This section shall apply to with respect to foreign judgments described in subsection (b) entered on or after December 3, 2004.