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

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671. ( C 1 told respondent Jepson that to obtain their salesfigures they would have to get their product lines into customers that aredoing big business with lines like Makita, Ryobi, Black C Decker, Skil,Delta and so forth. ( c ) also said "we may also end up selling customersof the Makita customers today if we have to and I'm not adverse to doingthat if we cannot crack the door of the larger customer in the marketplace."(SXK 10; Unopposed CPF IN 203b).B. m e r Evidence of W ket Penetration672. ICB indicates that its rechargeable interchangeable power toolshave captured a significant share of the market throughoutthe country.ICB also indicates that it has displaced, in whole or in part, many of thenation's long established brand names:ICB indicates that it hss providadthe first rechargeable power pack system for power tools that arepricedesigned for the broad do-it-yourself middle America market. (CXM 9, at 7;Unopposed CPF IN 131).673. Respondent Tochiado alleges that it has sold ( C 1( C 1( C ) (CXH 3, Tochiado response to complainants' Interr. 9; UnopposedCPF IN 132).674. P 6. F Brother has attempted to directly contact U.S. customers.(CPX 58, Bing Lin Dep., at 144-148; Unopposed CPF IN 134).675. P d F Brother has been in contact with the following U.S.companies: ( C )( C 1( C 1182
( C 1(CPX 58, Bing Lin Dep., at 180-183; Unopposed CPF IN 135).676. KO Shin hopes and plans to sell a reasonable amount of power toolsin the United States from year to year.(CX B 10, p. 6, SupplementalResponse to Complainants' Interr. 32; Unopposed CPF IN 135a).677. Alltrade is not satisfied with its market share relative to itscompetitors.(CPX 76, David Blackman Dep.; Unopposed CPF IN 135b).678. ( C )( C 1( C )( C )679. ( 'C 1( C( C 1C. mufacturhg Cagacity680. Respondent Tochiado's annual production capacity for 1985 for allmodels was ( C 1( C ) Actual annual quantities produced were ( c )( C ) (CPH 4,Tochiado supplemental response to complainants Interr. 6).681. Trade Associates' supplier is ( C ) TradeAssociates has an agreement with ( C ) whereby thelatter supplies it with all of the tools in issue.(CX F 3; CX F 4; and CXF 14; Unopposed CPF IN 141).682. Jenn Feng's annual production capacity for power tool products i sabout ( c ) It employees (c) persons to manufacture its power183
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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
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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 and 238: 652. Jepson has ( C )throughout the
Page 239: ( C1( C)( C 1665. ( C ) has adverti
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
Page 289 and 290: 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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