II 

110TH CONGRESS 

2D SESSION S. 3394 

To prevent the undermining of the judgments of courts of the United States 

by foreign courts, and for other purposes. 

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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. UNENFORCEABILITY OF CERTAIN FOREIGN 

4 JUDGMENTS. 

5 (a) DEFINITIONS.—In this Act: 

6 (1) ANTIDUMPING ACT OF 1916.—The term 

7 ‘‘Antidumping Act of 1916’’ means section 801 of 

8 the Act entitled ‘‘An Act to increase the revenue, 

9 and for other purposes’’, approved September 8, 

10 1916 (39 Stat. 798, chapter 463), and repealed by 


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1 section 2006 of the Miscellaneous Trade and Tech2 nical Corrections Act of 2004 (Public Law 108–429; 

3 118 Stat. 2597). 

4 (2) FOREIGN DEFENDANT.—The term ‘‘foreign 

5 defendant’’ means a person against which a court of 

6 the United States has entered a final judgment 

7 under the Antidumping Act of 1916. 

8 (3) UNITED STATES PLAINTIFF.—The term 

9 ‘‘United States plaintiff’’ means a person that ob10 tains damages pursuant to a final judgment of a 

11 court of the United States under the Antidumping 

12 Act of 1916. 

13 (b) UNENFORCEABILITY OF CERTAIN FOREIGN

14 JUDGMENTS.—A judgment of a foreign court or agency 

15 under a foreign statute described in subsection (c) that 

16 requires a United States plaintiff or an affiliate of a 

17 United States plaintiff to pay damages to a foreign de18 fendant may not be enforced by any Federal or State 

19 agency, department, or court. 

20 (c) FOREIGN STATUTE DESCRIBED.—A foreign stat21 ute described in this subsection is a statute of a foreign 

22 country that has the effect of nullifying all or part of a 

23 final judgment of a court of the United States under the 

24 Antidumping Act of 1916 by enabling a foreign defendant 

25 that has paid damages pursuant to such judgment to reVerDate Aug 31 2005 23:31 Aug 02, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3394.IS S3394

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1 cover any portion of such damages from the United States 

2 plaintiff or an affiliate of the United States plaintiff. 

3 (d) CIVIL ACTION FOR DAMAGES.— 

4 (1) IN GENERAL.—A United States plaintiff or 

5 an affiliate of a United States plaintiff held liable, 

6 or required to forfeit or pay damages, pursuant to 

7 a foreign judgment described in subsection (b) may 

8 file a civil action against the foreign defendant that 

9 obtained damages pursuant to the foreign judgment. 

10 The action may be filed in the district court of the 

11 United States that issued the final judgment with 

12 respect to the United States plaintiff under the 

13 Antidumping Act of 1916. 

14 (2) DAMAGES.—A United States plaintiff or an 

15 affiliate of a United States plaintiff that files a civil 

16 action under paragraph (1) shall be entitled to re17 cover— 

18 (A) an amount equal to the damages ob19 tained by the foreign defendant from the 

20 United States plaintiff or an affiliate of a 

21 United States plaintiff pursuant to the foreign 

22 judgment, including any interest; and 

23 (B) any related costs, including reasonable 

24 attorneys’ fees. 


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1 (e) EFFECTIVE DATE.—This section shall apply to 

2 with respect to foreign judgments described in subsection 

3 (b) entered on or after December 3, 2004. 

Æ 


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