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

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

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staff's position is well taken because a survey universe that is limited toowners <strong>and</strong> extensive users does little more than confirm the high incidenceof product recognition by persons who are intimately acquainted with theproduct. Certa in Woodwork- Mac- , Inv. No. 337-TA-174, U.S.I.T.C.Pub. 1979, Majority Op. at 18 (1985).In Hood work- , for example, the Comission criticized a surveythat consisted of males over 25 years of age who had used their own b<strong>and</strong>saw or table saw within the preceding six months. Id. at 17-18. TheCommission discounted the value of the survey because the universe did notadequately represent potential purchasers, <strong>and</strong> was therefore skewed infavor of the complainant therein.Specifically, the Commission inferred alow coincidence of owners <strong>and</strong> potential purchasers due to the expense <strong>and</strong>long lifespan of the woodworking machines in issue. Id, at 19-21.In regard to potential purchasers, this investigation is different fromPoodworku M a win two material respects.The tools inMachines retailed for $600 to $800 <strong>and</strong> enjoyed a relatively long life:complainants' tools in this investigation are expensive, but relativelyless expensive.Complainants offered no evidence in the record tosupport a conclusive finding as to the average lifespan or rate ofrepurchase of the tools in issue herein,22/ yet I can infer that a universeof owners of electric power tools is likely to include a higher coincidenceof potential purchasers -- either repurchasers or purchasers of a different21/ Complainants' wholesale prices range from approximately ( C )( C ) See CXA 584,22/ a, Oral Argument, Tr. 3763-64.2 19

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