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

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~Dr.The Cordless ,'lasaw (Makita Model 4307D) .................... ( C )3m Battery-Cartridge (Makita Model 7000/6320002-4) ......... ( c )The Battery Charger (Makita Model DC 7100/11306-6) .......... ( c )(FF 317).c. GenderRespondents and staff also denigrate Dr. Sorensen's resolution toestablish a gender quota of 90/10, malelfemale for his survey universe.This criticism also has significant merit.The pilot study conducted bySorensen evidenced a far lesser level of recognition of complainants'products by females, yet Dr. Sorensen established a 90/10 gender ratiowithout any well-founded consideration of the relevant consumer group as itrelates to gender. (FF 260-61, 285-87). ( C )( C 1( C )( C )Accordingly, Dr. Sorensen's survey is skewed to exclude a representativenumber of persons in the relevant consumer group that evidence a lower rateof identifying the tools as Makita's.All of the experts agreed that the survey results could be weighted bygender to eliminate the qrtificial 90/10 quota Dr.Sorensen used indefining his survey univerre.(FF 318).If the results were weighted toaccount for a (c)ratio, which complainants' own documents reveal to be amore accurate estimate of the actual consumer universe, Table 10 of thesurvey would read as follows:The 7 1/4" Circular Saw (Makita Model S007NB) ............... ( e 9The Cordless Sander (Makita Model 90351)) .................... ( C 1224
The Finishing Sander (Makita Model B04550) .................. ( C )The Long Handle Cordless Drill (Makita Model 6012HD) ......... (IC-The Short Handle 3/8" Cordless Drill (Makita Model 6010SD)...( CThe Cordless Grinder (Makita Model 9500D) ................... ( C )The 4" Sander Grinder (Makita Model 9501BZ) ................. (C )The 3/8" VSR Drill (Makita Model 6410LVR) ................... ( C )The Router (Makita Model 3601B) ............................. (C )The 10" Miter Saw (Makita Model 2401B) ...................... ( c )The 14" Cut-Off Saw (Makita Model 2414) ..................... ( c )The Cordless Jigsaw (Makita Model 4307D) .................... ( c )The Battery Cartridges (Makita Model 7000/6320002-4) ........ ( c )The Battery Charger (Makita Model DC7100/11306-6) ........... ( c )(FF 318).I have not cross-tabulated the results of a weighted universe based ongender and professional use of the tools because the evidence did notclearly indicate the appropriateness of such a cross-fabulation.However,if the results were cross-tabulated,the percentage of sole sourceidentificationr MY be further reduced.d.Respondents and staff aleo contend the survey results are inflated byvirtue of the locations ured for the survey.As noted above, Dr. Sorensenconducted a pilot study in Columbus, Ohio and Levittown, New York.Theresults were not favorable. to complainants in Columbus, Ohio, and indeedthe results of correct Uita source-identifications in New York werealmost three times higher than in Ohio. (FF 266). In the final survey Dr.Sorensen returned to Levittown, New York but did not return to Columbus,225
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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
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grinder, Model No. JC 100; 14" cut-
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479. Mr. Griffin had no personal kn
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492. The respondents affix their ow
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( C )( C )( C )( C 1( C )( C 1(CXD
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Response to Complainants' Interr. N
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511. ( CC( C( C( C( C( C( C( C )512
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MQQELCCCCCCCCCC 1Since 1984, Jepson
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MODELDOLLAR AVERAGEOUANTITl BMOUNT
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MODELOUA!!ITyDOLLARAMOUNTAVERAGEPRI
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CGCCCCCCCCCCCCC. c535. In 1988, P&F
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541. Ta Shin designs and assembles
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552.In 1988, Tochiado sold (CCCC553
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MODEL( C 1( C 1(CXF 2).XVI. -TIC IN
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C570. ( C571. (( C 1CCC 1C572. MCA
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CCCCCCCCCCCCCCCC1577. ( CCC578. ( C
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( C 1(e) Total Domestic W e n t of
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1CCCCC( C 1CCCC.cCCCC 111( CCC(- C
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( C )Once drafted by Hr. Margolis,
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((CC602. (C(C 1603. (CCC 1C604. (C
Page 231 and 232: 617. (C 1..A. CgmDetition Bet ween
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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 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: Respondents' experts testified pers
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
Page 293 and 294: any of these persons appear as witn
Page 295 and 296: I221after requesting a Makita produ
Page 297 and 298: 122 (19821, S€hWer K€& COS v. U
Page 299 and 300: commercial realities test in the Co
Page 301 and 302: produced in the United States. 2 1A
Page 303 and 304: The evidence reveals that complaina
Page 305 and 306: If complainants had proven that the
Page 307 and 308: in conceivable loss of sales, a ten
Page 309 and 310: vnotion Docket Nos. 284-133 and 284
Page 311 and 312: espondents' unfair acts and unfair
Page 313 and 314: production of power tools in their
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Certain Electric Power Tools, Battery Cartridges, and ... - USITC

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