FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16
of the Securities Exchange Act of 1934
February 18, 2003
JAMES HARDIE INDUSTRIES N.V.
(Exact name of Registrant as specified in its charter)
4th Level, Atrium, unit 04-07
Strawinskylaan 3077
1077 ZX Amsterdam, The Netherlands
(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.
| 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): 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 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): Not Applicable
| Safe Harbor Statement | ||||||||
| EXHIBIT INDEX | ||||||||
| SIGNATURES | ||||||||
| Section 906 Certification | ||||||||
| EXHIBIT 99.1 | ||||||||
| EXHIBIT 99.2 | ||||||||
| EXHIBIT 99.3 | ||||||||
| EXHIBIT 99.4 | ||||||||
| EXHIBIT 99.5 | ||||||||
| EXHIBIT 99.6 | ||||||||
| EXHIBIT 99.7 | ||||||||
TABLE OF CONTENTS
Safe Harbor Statement |
3 | |||
Exhibit Index |
4 | |||
Signatures |
5 | |||
Section 906 Certification |
6 |
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Safe Harbor Statement
The exhibits attached to this Form 6-K contains forward-looking statements. Words such as “believe,’’ “anticipate,’’ “plan,’’ “expect,’’ “intend,’’ “target,’’ “estimate,’’ “project,” “predict,” “forecast,’’ “guideline,’’ “should,’’ “aim’’ and similar expressions are intended to identify forward-looking statements but are not the exclusive means of identifying such statements. Forward-looking statements involve inherent risks and uncertainties. We caution you that a number of important factors could cause actual results to differ materially from the plans, objectives, expectations, estimates and intentions expressed in such forward-looking statements. These factors, which are further discussed in our reports submitted to the Securities and Exchange Commission on Forms 20-F and 6-K and in our other filings, include but are not limited to: competition and product pricing in the markets in which we operate; general economic and market conditions; compliance with, and possible changes in, environmental and health and safety laws; dependence on cyclical construction markets; the supply and cost of raw materials; our reliance on a small number of product distributors; the consequences of product failures or defects; exposure to environmental or other legal proceedings; and risks of conducting business internationally. We caution you that the foregoing list of factors is not exclusive and that other risks and uncertainties may cause actual results to differ materially from those contained in forward-looking statements. Forward-looking statements speak only as of the date they are made.
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EXHIBIT INDEX
| Exhibit No. | Description | |
| 99.1 | Media Release: 3rd quarter ended December 31, 2002 | |
| 99.2 | Results at a Glance – 3rd quarter and year to date ended December 31, 2002 | |
| 99.3 | Management’s Discussion and Analysis: 3rd quarter ended December 31, 2002 | |
| 99.4 | Management’s Discussion and Analysis: 9 months ended December 31, 2002 | |
| 99.5 | Management Presentation Slides on 3rd quarter and year to date results for the period ended December 31, 2002 | |
| 99.6 | ASX Report for the 9 months ended December 31, 2002 | |
| 99.7 | Financial Report for the 9 months ended December 31, 2002 |
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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.
| James Hardie Industries N.V. | ||||
| Date: February 18, 2003 | By: | /s/ Don Cameron Don Cameron Managing Director |
||
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CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
Each of the undersigned hereby certifies, in his capacity as an officer of James Hardie Industries, N.V. (the “Company”), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:
| • | the Report of the Company on Form 6-K dated February 18, 2003
fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and |
|
| • | the information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company. |
Dated: February 18, 2003
| /s/ Peter Macdonald Peter Macdonald Chief Executive Officer |
| /s/ Phillip Morley Phillip Morley Chief Financial Officer |
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EXHIBIT INDEX
| Exhibit No. | Description | |
| 99.1 | Media Release: 3rd quarter ended December 31, 2002 | |
| 99.2 | Results at a Glance – 3rd quarter and year to date ended December 31, 2002 | |
| 99.3 | Management’s Discussion and Analysis: 3rd quarter ended December 31, 2002 | |
| 99.4 | Management’s Discussion and Analysis: 9 months ended December 31, 2002 | |
| 99.5 | Management Presentation Slides on 3rd quarter and year to date results for the period ended December 31, 2002 | |
| 99.6 | ASX Report for the 9 months ended December 31, 2002 | |
| 99.7 | Financial Report for the 9 months ended December 31, 2002 |
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