FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
REPORT OF FOREIGN PRIVATE ISSUER
ANNOUNCEMENT OF RESPONSIVE MEASURES TO BE TAKEN IN
CONNECTION WITH THE DIESEL PARTICULATE FILTER ("DPF") INCIDENT
PURSUANT TO RULE 13a-16 OR 15d-16
OF THE SECURITIES EXCHANGE ACT OF 1934
For the month of December 1, 2004
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Commission File Number 09929
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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
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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
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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: December 1, 2004
MITSUI & CO., LTD.
By: /s/ Tasuku Kondo
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Name: Tasuku Kondo
Title: Executive Director
Executive Vice President
Chief Financial Officer
December 1, 2004
Mitsui & Co., Ltd.
ANNOUNCEMENT OF RESPONSIVE MEASURES TO BE TAKEN IN CONNECTION WITH THE DIESEL
PARTICULATE FILTER ("DPF") INCIDENT
Reference is made to our announcement dated November 22, 2004 regarding the
discovery of data falsification by employees in connection with the Diesel
Particulate Filter ("DPF) certification.
Mitsui expresses once again our utmost regret to our DPF users and all parties
concerned, including the citizens and local communities, for the occurrence of
data falsification related to our DPFs resulting in the provision of products
whose filtration ratios do not reach the regulatory standard.
Immediately after the identification of the incident, Mitsui established an
internal investigation committee chaired by an outside counsel as well as the
DPF Response Headquarters headed by our CEO & President with a view to making
every effort to expedite the resolution of the problems which have arisen from
the incident. On December 1, 2004, Mitsui decided to implement the responsive
measures outlined below, and will be reporting to the state and local
governments concerned on our decision.
Responsive Measures
o Free replacement of DPFs
Mitsui will replace our DPFs for free by either supplying products of other
manufacturers or upgrading or reforming our own products (subject to the
acquisition of certification from the relevant local government.) Mitsui
will be contacting our DPF users directly or through our sales agents
regarding the specific programs for replacement. Mitsui will also
compensate for the relevant losses incurred during the period of
replacement work.
o Measures other than DPF replacement
For those DPF users who plan to scrap their vehicles or procure alternative
vehicles, Mitsui will redeem those DPFs and reimburse the amount paid for
purchasing them. Mitsui will be contacting these users directly or through
sales agents regarding the specific procedures and documentations for
redemption and reimbursement.
Compensation of subsidies
Mitsui intends to compensate all providers of subsidies relating to our
DPFs, including state and local governments, by paying the full amount
equivalent to the relevant subsidies. In this regard, Mitsui will seek
instructions from the relevant providers.
Mitsui is committed to taking prompt and definitive actions as outlined above,
and asks for the kind understanding of all parties concerned.
Inquiries should be addressed to:
Corporate Communications Division
Telephone: +81-3-3285-7596
Or
Investor Relations Division
Mitsui & Co., Ltd.
Telephone: +81-3-3285-7910
Facsimile: +81-3-3285-9819