UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer Pursuant to Rule 13a-16 or 15d-16
under the Securities Exchange Act of 1934
For the Month of July, 2010
1-15240
(Commission File Number)
JAMES HARDIE INDUSTRIES SE
(Translation of registrant’s name into English)
Second Floor, Europa House
Harcourt Centre, Harcourt Street
Dublin 2, Ireland
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover
Form 20-F or 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): Not Applicable
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): Not Applicable
Indicate by check mark whether the registrant by furnishing the information contained in this Form
is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the
Securities Exchange Act of 1934.
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with
Rule 12g3-2(b): Not Applicable
Safe Harbor Statements
This company statement contains forward-looking statements. James Hardie may from time to time
make forward-looking statements in its periodic reports filed with or furnished to the SEC, on
Forms 20-F and 6-K, in its annual reports to shareholders, in offering circulars, invitation
memoranda and prospectuses, in media releases and other written materials and in oral statements
made by the company’s officers, directors or employees to analysts, institutional investors,
existing and potential lenders, representatives of the media and others. Statements that are not
historical facts are forward-looking statements and such forward-looking statements are statements
made pursuant to the Safe Harbor Provisions of the Private Securities Litigation Reform Act of 1995.
Examples of forward-looking statements include:
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statements about the company’s future performance; |
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projections of results of operations or financial condition; |
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statements regarding plans, objectives or goals, including those relating to strategies,
initiatives, competition, acquisitions, dispositions and/or the company’s products; |
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expectations concerning the costs associated with the suspension or closure of operations
at any of its plants and future plans with respect to any such plants; |
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expectations that the company’s credit facilities will be extended or renewed; |
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expectations concerning dividend payments; |
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statements concerning the company’s corporate and tax domiciles and potential changes to
them, including potential tax charges; |
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statements regarding tax liabilities and related audits, reviews and proceedings; |
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statements as to the possible consequences of proceedings brought against the company and
certain of its former directors and officers by ASIC; |
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expectations about the timing and amount of contributions to the AICF, a special purpose
fund for the compensation of proven Australian asbestos-related personal injury and death
claims; |
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expectations concerning indemnification obligations; |
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statements about product or environmental liabilities; and |
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statements about economic conditions, such as the levels of new home construction,
unemployment levels, the availability of mortgages and other financing, mortgage and other
interest rates, housing affordability and supply, the levels of foreclosures and home resales,
currency exchange rates and consumer confidence. |
Words such as “believe,” “anticipate,” “plan,” “expect,” “intend,” “target,” “estimate,” “project,”
“predict,” “forecast,” “guideline,” “aim,” “will,” “should,” “likely,” “continue” and similar
expressions are intended to identify forward-looking statements but are not the exclusive means of
identifying such statements. Readers are cautioned not to place undue reliance on these
forward-looking statements and all such forward-looking statements are qualified in their entirety
by reference to the following cautionary statements.
Forward-looking statements are based on the company’s current expectations, estimates and
assumptions and because forward-looking statements address future results, events and conditions,
they, by their very nature, involve inherent risks and uncertainties, many of which are
unforeseeable and beyond the company’s control. Such known and unknown risks, uncertainties and
other factors may cause actual results, performance or other achievements to differ materially from
the anticipated results, performance or achievements expressed, projected or implied by these
forward-looking statements. These factors, some of which are discussed under “Key Information —
Risk Factors” beginning on page 6, of the Form 20-F filed with the US Securities and Exchange
Commission on 30 June 2010 include, but are not limited to: all matters relating to or arising out
of the prior manufacture of products that contained asbestos by current and former James Hardie
subsidiaries; required contributions to the AICF, any shortfall in the AICF and the effect of
currency exchange rate movements on the amount recorded in the company’s financial statements as an
asbestos liability; proposed governmental loan facility to the AICF; compliance with and changes in
tax laws and treatments; competition and product pricing in the markets in which the company
operates; seasonal fluctuations in the demand for its products; the consequences of product
failures or defects; exposure to environmental, asbestos or other legal proceedings; general
economic and market conditions; the supply and cost of raw materials; the success of research and
development efforts; the potential that competitors could copy the company’s products; reliance on
a small number of customers; a customer’s inability to pay; compliance with and changes in
environmental and health and safety laws; risks of conducting business internationally; compliance
with and changes in laws and regulations; the effect of the transfer of the company’s corporate
domicile from The Netherlands to Ireland to become an Irish SE including employee relations,
changes in corporate governance, potential tax benefits and the effect of any negative publicity;
currency exchange risks; the concentration of our customer base on large format retail customers,
distributors and dealers; the effect of natural disasters; changes in our key management personnel;
inherent limitations on internal controls; use of accounting estimates; and all other risks
identified in the company’s reports filed with Australian, Irish and US securities agencies and
exchanges (as appropriate). The company caution you that the foregoing list of factors is not
exhaustive and that other risks and uncertainties may cause actual results to differ materially
from those in forward-looking statements. Forward-looking statements speak only as of the date they
are made and are statements of our current expectations concerning future results, events and
conditions.
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