Certain Electric Power Tools, Battery Cartridges, and ... - USITC

individuals who do not intend to use the tools themselves, the universewould have been more fairly and appropriately defined if limitations onbuyers and users had not been imposed.In this regard, according to Dr.Jacoby, the "three month catch-all" does not act to recapture that portionof purchasers excluded.The three month period excluded the substantialportion of the buying public who, although not users of the tools at issue,made purchases of such tools. This was especially troublesome in this casebecause this limitation excluded the two most significant showing periods,Christmas and Father's Day. (RXF-3558, Jacoby W.S., p. 8).277. Also Dr. Sorensen's universe did not include someone who had madethe decision to purchase a tool, but who had not yet made an effort to doso. (Sorensen, Tr. 2044-2045, 2316, Jacoby, Tr. 2835-2836).278. Moreover, according to Dr. Jacoby, the computer tabular analysissurveys reports are aggregated to include total survey respondents asopposed to "shoppers" - the closest thing Dr. Sorensen uses to the relevantuniverse of potential purchasers or decision makers.Nowhere in any of thedata are these relevant individuals broken out from the aggregate.(Jacoby, Tr. 2871-73).279. Sorensen admitted that the survey universe did not include "thosewho may have been anticipating, for some reason, the replacement of a tool,but who had not yet done any shopping whatsoever, . . .'' (Sotensen, Tr.- -2316).280. Dr. Sorensen testified in b rd - Sided Molded Luooaoe , 3 3 7-TA-282(19871, that the universe. in question should have included those personswho anticipate shopping for hard surface luggage during any future periodof time, IQ. at 327. (Sorensen, Tr. 2206-2207).85