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

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660, Floyd Ready's customers are primarily ( C 1( C ) (CPX 47,Floyd Ready Dep., at 79 and 142; Unopposed CPF IN 43).661. Jepson supplied (c. with ( C 1( C 1(CPX 47, ( c ) Dep. at 67; Unopposed CPF IN 44).662. Harbor Freight has stores in Lancaster, Santa Maria, CA, Csmarillo,CA and Lexington, KY. Buy Now and Save Stores are affiliated companieslocated in Bakersfield, Visalia, Fresno and Hesparia, California.TheCamarillo and Lexington stores have warehousing facilities.(CPX 81, EricSmidt Dep., at 21 and 22; Unopposed CPF IN 45).663. Central Purchasing Company,. also known as Harbor Freight andSalvage Company, is a mail order company that sells tools, hardware, andmachinery. It is located in Mission Oaks, CA and Lexington, KY. Bothlocations have retail stores within them.(CPX 81, Eric Smidt Dep., at15-19; Unopposed CPF IN 46).664. Complainants serve a number of customers in common with various( C180
( C1( C)( C 1665. ( C ) has advertised the Puma 3/8"cordless rechargeable drill for $25.00.In the same advertisement itoffered a Makita palm sander and a Hakita 10" miter saw for sale.(CXA482).666. ( C ) has provided order forms forpurchases of Atlas Group cordless jigsaws, drills, finishing sanders,chargers and batteries. (CXA 4s: Unopposed CPF IN 201).667. Taiwanese 7.2V cordless products were noticed by Makita as showing'C 1) (CXA 601; Unopposed CPF IN 200).668. Accused power tool imports were first noticed by Hakita as aproblem in 1986. (CXA 3, Griffin W.S., at 7, Unopposed CPF IN 188).668. Respondent Alltrade's sales to ( C )represented the first intrusion of accused products into the warehouse clubmarket. (CXA 3, Griffin W.S., at 7-81,669. Respondents have also started selling to specialty tool stores, (C)( C ) (CXA 3, Griffin W.S., at 8;Unopposed CPP IN 192).670. Respondents have also succeeded in penetrating the automotive andspecialty stores market .( C )( C )( e ) (CXA 3, GrfffinW.S., at 8; Unopposed CPF IN 191).181
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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
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Tool S-2 (Makite Model 89035333 -Co
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Tool S-14 (MAKITA Hodel tDC7100/113
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prior to the conduct of the survey
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underrepresentation of females, and
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after the interviewer counted from
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manufacturers' names utilize that a
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350. One-half of the respondents in
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(a p9r CXA 49 , CXA 50). The eviden
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365. Respondent Jenn Feng's Johnswe
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infringe any of Makita's claimed ma
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380. Respondents P&F BrotherjNu-Way
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5. 4" Disc (Sander) Grinders389. Th
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a hex key on the motor housing and
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It is a distinctively different col
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plunge router would not be covered
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and the attachment of the handle an
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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 and 204: 511. ( CC( C( C( C( C( C( C( C )512
Page 205 and 206: MQQELCCCCCCCCCC 1Since 1984, Jepson
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: 652. Jepson has ( C )throughout the
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
Page 255 and 256: (C( C752. (C(C( C )753. (C(C(C754.
Page 257 and 258: investigation under 19 U.S.C.51337
Page 259 and 260: indicates that complainants are ent
Page 261 and 262: are: (1) whether the design asserte
Page 263 and 264: internal components and the need to
Page 265 and 266: limited number of alternatives inso
Page 267 and 268: lue has considerable utility and th
Page 269 and 270: use of the color pink on its insula
Page 271 and 272: Certain L-e Products, Majority Op.
Page 273 and 274: quotas to ensure an even distributi
Page 275 and 276: The Long Handle Cordless Drill (Mak
Page 277 and 278: staff's position is well taken beca
Page 279 and 280: from their sample as many people as
Page 281 and 282: Respondents' experts testified pers
Page 283 and 284: The Finishing Sander (Makita Model
Page 285 and 286: attributable only to the claimed ma
Page 287 and 288: 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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