INTEREST OF THE AMICUS CURIAE

Amicus curiae Dow Chemical Canada ULC (Dow Canada) addresses the question, left open in Asahi Metal Industry Co., Ltd. v. Superior Court, 480 U.S. 102, 108-13, 116-21 (1987), of whether placing products into the stream of commerce in a foreign country (or another State), aware that some may or will be swept into the forum State, is enough to subject a defendant to personal jurisdiction—or whether, as shown below, due process requires that the defendant have engaged in additional conduct, directed at the forum, before it can be found to have purposefully availed itself of the privilege of conducting activities within the forum State. Dow Canada urges reversal of the New Jersey Supreme Court’s decision below because it relied on the foreign defendant’s contacts solely with the stream of commerce—not contacts with the forum—to assert personal jurisdiction over petitioner J. McIntyre Machinery Ltd. See pet. app. 13a, 31a-32a.

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