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

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Joint Motion of Complainants and Home Depot for Termination ofInvestigation, Motion 284-129).514. International Consumer Brands has imported accused products from anumber of foreign manufacturers and sold those products to retailers in theUnited States since December 1987. Accused products have been manufacturedfor ICB in Taiwan and China by ( C 1( C 1 (CXN 1; CXM 3, Supplemental Response toStaff Interr. Nos. 4 and 5, CXM 3).515. ICB made the following sales of accused products in the UnitedStates from December 1987 to December 1988:MODELDOLLARAVERAGEQUANTITY AMOUNT ERICE(C )C(CXN 1).516. Jenn Fang has manufactured power tools under the "Johnswell" namesince June 1986, and first exported Johnswell power tools to the UnitedStates around March 1987. (CXL 3, Response to Staff Interr. No. 3).517, Prom March 1987 to November 1988, Jenn Feng produced for export toand import into the United States approximately ( C power toolproducts. (CXL 5, Response to Staff Interr. No. 5).518. In 1988, Jenn Feng sold the following accused cordless productsunder the ( C )146
MQQELCCCCCCCCCC 1Since 1984, Jepson has imported accused products from (forsale in the United States.(CXC 1, Response to Complainants' Interr. No.2: cxc 4).521. In fiscal year 1985, ending 9/30, Jepson made the following salesof accused products:DOLLARAVERAGEnODEL OUANTfTY AnouNT PRICE( C 1( C 1( C 1( C 1c C )( C 1( C 1147
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UNITED STATES INTERNATIONAL TRADE C
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25. For the sole violation of secti
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UNITED STATES INTERNATIONAL TRADE C
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3IIComplainants or is relatedtools,
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5VI1(Service of Cease and Desist Or
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7the issuance of temporary exclusio
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N? 1204296THEUNITED STATES OF AMERI
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~~ ~' iUNITED STATES INTEFWATIONAL
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3respondent Jet; (3) whether remedi
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5the moving party had no previous o
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7same parties, merchandise, and all
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9investigation on the basis of the
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11determination not to review and t
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13Commission accordingly finds node
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15that Jet is likely to resume such
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17Tbe Public InterestThe public int
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19United States, and United States
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21Finally, to the extent that the d
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23In the absence of any argument or
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written connnents from other agenci
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would be entitled to enter the Unit
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designation of sponsorship, source,
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FOR RESPONDENTS: JJcKaren M. Riggio
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TABLE OF CONTENTS . page 2VI1 . AVA
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TABLE OF CONTENTS - page 43. Other
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P8CCE2UUL HISTXV,Acomplaint was fil
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Honworld International Inc.P.O. BOX
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Marcia H. Sundeen, Esq., Office of
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e held in default and subjected to
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The foiiowing abbreviations are use
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located at 14930-C Northam Street,
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will add another (C) manufacturing
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attery cartridges and battery charg
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Republic of China.(CXG 1, Response
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54. Alltrade power tools are source
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direct from ( C) (CXE 1, all pages:
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83. Floyd Ready Associates, Inc. ("
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Charng Machinery Works, Ltd., to sh
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(b) Corded 4" Disk Grinders - Model
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and sold in the U.S. by Respondents
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and sold in the U.S. by ( C 1( C (C
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United States by Respondents PhF Br
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(j) Ohio Forge Model 644-196, sold
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is also sold by Respondent Tool Cit
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(e) Nesco Model Ni6800 is manufactu
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(g) Chicago Electric Power Tools Mo
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( C ) (CXI 9, p. 2,Supplemental Res
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chargers for sale in the United Sta
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(j) Alltrade Model 1926-D-7, import
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IV.A. -on La w-138. The common law
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specifically the witness statement
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more of the following features. . .
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170. In view of FF 167-69, above, t
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listed in a distributor price list
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188. This latter testimony of Mr. B
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(C( C199. (( C41).1C) (RXP 414, Sig
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212. In most categories of tools Mr
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differentiate respondents' battery
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(RXP 131, p. 5).and charger for add
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(CPX 96).... built tough and double
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235. The name "Makita" -- a registe
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247. ( C 1 sent a sample Makita cor
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of the Jepson and Chicago Electric
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design to CPX 37, the Makita sander
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attorneys for complainants, he advi
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I263. Study S was conducted with ap
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(CU 10, Sorensen W.S., at 9: Sorens
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individuals who do not intend to us
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. Twenty-five percent of the sample
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291. In Dr. Sorenson's Study S, a t
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particular item?" (Question 4a).The
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have not raised this issue or explo
Page 153 and 154: Tool S-2 (Makite Model 89035333 -Co
Page 155 and 156: Tool S-14 (MAKITA Hodel tDC7100/113
Page 157 and 158: prior to the conduct of the survey
Page 159 and 160: underrepresentation of females, and
Page 161 and 162: after the interviewer counted from
Page 163 and 164: manufacturers' names utilize that a
Page 165 and 166: 350. One-half of the respondents in
Page 167 and 168: (a p9r CXA 49 , CXA 50). The eviden
Page 169 and 170: 365. Respondent Jenn Feng's Johnswe
Page 171 and 172: infringe any of Makita's claimed ma
Page 173 and 174: 380. Respondents P&F BrotherjNu-Way
Page 175 and 176: 5. 4" Disc (Sander) Grinders389. Th
Page 177 and 178: a hex key on the motor housing and
Page 179 and 180: It is a distinctively different col
Page 181 and 182: plunge router would not be covered
Page 183 and 184: and the attachment of the handle an
Page 185 and 186: with CPX 24, 42, 25, 21, and 23).Ov
Page 187 and 188: that the Mark I battery packs would
Page 189 and 190: (Unopposed CPF PR 55 (14-1711, are
Page 191 and 192: cordless jigsaw; 7.2V and 9.6V batt
Page 193 and 194: grinder, Model No. JC 100; 14" cut-
Page 195 and 196: 479. Mr. Griffin had no personal kn
Page 197 and 198: 492. The respondents affix their ow
Page 199 and 200: ( C )( C )( C )( C 1( C )( C 1(CXD
Page 201 and 202: Response to Complainants' Interr. N
Page 203: 511. ( CC( C( C( C( C( C( C( C )512
Page 207 and 208: MODELDOLLAR AVERAGEOUANTITl BMOUNT
Page 209 and 210: MODELOUA!!ITyDOLLARAMOUNTAVERAGEPRI
Page 211 and 212: CGCCCCCCCCCCCCC. c535. In 1988, P&F
Page 213 and 214: 541. Ta Shin designs and assembles
Page 215 and 216: 552.In 1988, Tochiado sold (CCCC553
Page 217 and 218: MODEL( C 1( C 1(CXF 2).XVI. -TIC IN
Page 219 and 220: C570. ( C571. (( C 1CCC 1C572. MCA
Page 221 and 222: CCCCCCCCCCCCCCCC1577. ( CCC578. ( C
Page 223 and 224: ( C 1(e) Total Domestic W e n t of
Page 225 and 226: 1CCCCC( C 1CCCC.cCCCC 111( CCC(- C
Page 227 and 228: ( C )Once drafted by Hr. Margolis,
Page 229 and 230: ((CC602. (C(C 1603. (CCC 1C604. (C
Page 231 and 232: 617. (C 1..A. CgmDetition Bet ween
Page 233 and 234: 627. Respondent Pace displays tools
Page 235 and 236: Ithe United States. (CXG 1, Ta Shin
Page 237 and 238: 652. Jepson has ( C )throughout the
Page 239 and 240: ( C1( C)( C 1665. ( C ) has adverti
Page 241 and 242: ( C 1(CPX 58, Bing Lin Dep., at 180
Page 243 and 244: D. Attendance of Trade Sho WS689. T
Page 245 and 246: (CC1C(C1705. (C( C706.(C1C 1C 1( C1
Page 247 and 248: 712. (C- cC 1(C713. ((ICExxALmu189
Page 249 and 250: CC(C 1720. (CCCC 1C 1C 1CCC 1C 1(Cx
Page 251 and 252: activities of respondents is tenuou
Page 253 and 254: 739. Employment at MCA increased in
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(C( C752. (C(C( C )753. (C(C(C754.
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investigation under 19 U.S.C.51337
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indicates that complainants are ent
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are: (1) whether the design asserte
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internal components and the need to
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limited number of alternatives inso
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lue has considerable utility and th
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use of the color pink on its insula
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Certain L-e Products, Majority Op.
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quotas to ensure an even distributi
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The Long Handle Cordless Drill (Mak
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staff's position is well taken beca
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from their sample as many people as
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Respondents' experts testified pers
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The Finishing Sander (Makita Model
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attributable only to the claimed ma
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percent accepted).Moreover, such ca
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especially where the survey was con
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The results of the R survey have no
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any of these persons appear as witn
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I221after requesting a Makita produ
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122 (19821, S€hWer K€& COS v. U
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commercial realities test in the Co
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produced in the United States. 2 1A
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The evidence reveals that complaina
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If complainants had proven that the
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in conceivable loss of sales, a ten
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vnotion Docket Nos. 284-133 and 284
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espondents' unfair acts and unfair
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production of power tools in their
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Certain Electric Power Tools, Battery Cartridges, and ... - USITC

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