FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
REPORT OF FOREIGN PRIVATE ISSUER
PENDING LAWSUITS IN THE UNITED STATES REGARDING CHOLINE CHLORIDE
PURSUANT TO RULE 13a-16 OR 15d-16
OF THE SECURITIES EXCHANGE ACT OF 1934
For the month of June 27, 2003
Commission File Number 09929
MITSUI & CO., LTD.
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(Translation of registrant's name into English)
2-1, OHTEMACHI 1-CHOME CHIYODA-KU, TOKYO 100-0004 JAPAN
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(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F:
Form 20-F [X] Form 40-F [ ]
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): ____
Note: Regulation S-T Rule 101(b)(1) only permits the submission in paper of a
Form 6-K if submitted solely to provide an attached annual report to security
holders.
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): ____
Note: Regulation S-T Rule 101(b)(7) only permits the submission in paper of a
Form 6-K if submitted to furnish a report or other document that the registrant
foreign private issuer must furnish and make public under the laws of the
jurisdiction in which the registrant is incorporated, domiciled or legally
organized (the registrant's "home country"), or under the rules of the home
country exchange on which the registrant's securities are traded, as long as the
report or other document is not a press release, is not required to be and has
not been distributed to the registrant's security holders, and, if discussing a
material event, has already been the subject of a Form 6-K submission or other
Commission filing on EDGAR.
Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes [ ] No [X]
If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): 82- _______
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
Date: June 27, 2003
MITSUI & CO., LTD.
By: /s/ Tasuku Kondo
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Name: Tasuku Kondo
Title: Executive Director
Senior Executive Managing Officer
Chief Financial Officer
June 27, 2003
FOR IMMEDIATE RELEASE
Mitsui & Co, Ltd.
Re: Pending lawsuits in the United States regarding choline chloride
The Company's wholly-owned US subsidiary Bioproducts Inc., which produces
choline chloride, an ingredient used in animal feed and pet foods, was named as
defendant in currently pending lawsuits in the United States, together with
other third-party choline chloride manufacturers. In these cases, manufacturers
of choline chloride allegedly violated US antitrust laws.
Although the Company and its wholly-owned US subsidiary Mitsui & Co.
(U.S.A.), Inc. are neither a manufacturer nor a seller of choline chloride in
the US market, they were also named as defendant together with the manufacturers
in a class action lawsuit, based on the plaintiff's allegation that the Company
and Mitsui & Co. (U.S.A.), Inc. were involved in the violation of the antitrust
laws. During the course of legal proceedings, the Company and Mitsui & Co.
(U.S.A.), Inc. have consistently denied any wrongdoing. However, on June 13,
2003 in the trial before the Federal District Court of the District of Columbia,
the jury rendered a verdict stating that the defendants participated in the
violation of the antitrust laws and that the damages suffered by the plaintiff
are US$49.5 million, subject to trebling pursuant to the US antitrust laws. So
far, judgment has not yet been issued.
The Company and Mitsui & Co. (U.S.A.), Inc. continue to argue that the
allegations in this case are completely without merit and have been in process
of preparation for asking the Court to overrule the verdict. There can be no
assurance of the outcome, but the management believes at this moment that this
litigation will not materially affect the consolidated financial position,
results of operations, or cash flows of the Company.
All other related lawsuits, where the Company, Mitsui & Co. (U.S.A.), Inc.,
and Bioproducts Inc. are named as defendants, are pending.
Inquiries should be addressed to:
Masaru Nishimura
Corporate Communications Division
Mitsui & Co., Ltd.
Telephone: +81-3-3285-7564, Facsimile: +81-3-3285-9819
E-mail: Mas.Nishimura@mitsui.com