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

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( C (CPX 58, Bing Lin Dep., at 81-90;Unopposed CPF IN 168).696. Tochiado products were shown at trade shows in the United States in1986 and 1988 by ((CPX 65, Ray Wong Dep., at 38-40).C 1697. Jepson attends trade shows in order to advertise and promote itsname and solicit customers.(CPX 49, Q. Chen Dep., at 298; Unopposed CPFIN 169al.'t 9E. paki a s Sales698. (C 1( C 1( C 1699. The overall power tool market increased from 1987 to 1988 and from1986 to 1987. (Griffin, Tr. at 619; Unopposed SPF P3).700. The power tool market is a highly competitive one. (Smidt, Tr.114, CPX 81; Unopposed SPF P4).701. Competition in the power tool market has increased in the last fewyears. (Griffin, Tr. at 387-89; Unopposed SPF 5).702. The production of battery cartridges has increased rapidly over thepast few years as consumer .acceptance of rechargeable tools has increased.(Cahill, Tr. 1671: Unopposed SPF 6).703. ( C 1186
(CC1C(C1705. (C( C706.(C1C 1C 1( C1707. (C( C187
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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
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(Unopposed CPF PR 55 (14-1711, are
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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 and 240: ( C1( C)( C 1665. ( C ) has adverti
Page 241 and 242: ( C 1(CPX 58, Bing Lin Dep., at 180
Page 243: D. Attendance of Trade Sho WS689. T
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
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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
Page 291 and 292: The results of the R survey have no
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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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