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

investigation, the complainants have engaged in sufficient productionrelatedactivity in the United States to satisfy the domestic industryelement of section 337, but the scope of the industry or industries islimited to the products manufactured in the United States.An analysis of the scope of the single domestic industry found inHoodwork=Hac bines is significant to the analysis of the definition andscope of the domestic industry element in this investigation.Comissioners Eckes and Rohr determined in b od wo-that if thedomestic industry is to be defined as a single industry comprising severalcomponent parts, each component must satisfy the "nature and significanceof the business activities test" as described in Car-Btterv - aerated. All Terra,& beled ve-, Inv. No. 337-TA-122, Op.of Eckes et al. at 8-11, USITC Pub. 1300 (1982). Id. at 38, n. 162.Because the major portion of the production costs for one of the productswas incurred off-shore, the product was found not to be A component of thesingle domestic industry. Id.Comissioners Lodwick and Stern found that the one product produced..off-shore met the Tov Tr&test and was thus a component of the singledomestic industry in view ot the level of -' ' in theUnited States for the product.&/ Id., View of Comissioner Lodwick at 38,n. 163; Viow of Comirrioner Stern at 43, n. 177.a/The Commission in H o o d w o r m also discussed the applicationof the %olPmercial realities" test AS urged by the complainant herein. TheU/The motor, component parts, molds, dyes, and castings were all producedin the United States. Id. at 38 n. 162.WVice Chairman Liebeler found separate domestic industries for eachalleged intellectual property right, U., Views of Vice Chairman at 1.240