FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
REPORT OF FOREIGN PRIVATE ISSUER
MITSUI & CO., LTD., MITSUI & CO. (U.S.A.), INC. AND BIOPRODUCTS INC.
REACH A SETTLEMENT IN CLASS ACTION CASE
PURSUANT TO RULE 13a-16 OR 15d-16
OF THE SECURITIES EXCHANGE ACT OF 1934
For the month of November 4, 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: November 4, 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
November 4, 2003
FOR IMMEDIATE RELEASE
Mitsui & Co., Ltd.
Mitsui & Co., Ltd., Mitsui & Co. (U.S.A.), Inc. and Bioproducts Inc. Reach a
Settlement in Class Action Case
Mitsui & Co., Ltd. ("the Company") and its wholly owned U.S. subsidiaries
Mitsui & Co. (U.S.A.), Inc. and Bioproducts Inc. have agreed to settle a class
action case pending in the Federal District Court of the District of Columbia
relating to the sale of choline chloride, an ingredient used in animal feed and
pet foods.
In the trial related to the class action lawsuit, the jury rendered a
verdict on June 13, 2003 stating that the Company and Mitsui & Co. (U.S.A.),
Inc., together with other manufacturers, participated in the violation of
antitrust laws with respect to choline chloride. The Company and Mitsui & Co.
(U.S.A.), Inc., which have always denied all allegations of wrongdoing,
considered undertaking the legal proceedings necessary to overrule the verdict.
However, given the circumstances, it was determined that a settlement with the
class plaintiffs would be in the best interest of the Company and its
stakeholders.
Under the agreement, which is subject to Court approval, the Company,
Mitsui & Co. (U.S.A.), Inc. and the Company's wholly owned U.S. subsidiary
Bioproducts Inc., will be released from the class action proceedings and pay the
class action plaintiffs US$53million.
The settlement amount will not have material adverse effect on the
Company's consolidated results of operations.
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