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

from their sample as many people as possible who are likely to beunfamiliar with their product.Respondents, of course, allege that thesurvey excludes too many such persons in the relevant consumer group.Respondents and staff contend that Sorensen's universe is too narrow inrespect to potential purchasers, because it excludes persons whoanticipated purchasing a power tool but had not yet shopped. Respondentscontend the exclusion of these persons is exacerbated by the fact that thesurvey was conducted during a time period that excluded the Father's Dayand Christmas purchasing seasons and that the results of the survey wouldhave shown lesser Hakita source identifications if the period for shoppersto qualify for the survey was not articially limited. (FF 274-79).Respondents propose that Dr. Sorensen should have simply asked whether aprospective interviewee anticipated a purchase of a power toolnotwithstanding the fact that such a person had not shopped within the pastthree months. (FF 277; Oral Argument Tr., 3795-66).In response, Dr. Sorensen testified that he was looking for someantecedent behavior, Yit, shopping, to indicate that an interviewee was inthe relevant consumer group.He specifically sought people "who could beexpected to have been relatively recently aware of various power tool brandnames, company sources, and brand attributes." (FF 270).One can conclude from the evidence introduced on this point that theuniverse do'es exclude some persons that are consumers of power tools andlikely to be less familiar with the designs, colors, and design/colorcombinations at issue in this investigation.(e.g. persons that anticipatea purchase but have not recently bought and used, or shopped).Further, byrequiring many of the interviewees to have both purchased and used power221