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

( C 1 Complainants' sales and after-sales repairactivities are of the type normally conducted by an importer and do notqualify it as a domestic industry for those tools it imports and sells. (FF586); w, 717 F.2d at 1373 ("Schaper's very large expenditures foradvertising and promotion cannot be considered part of the productionprocess.Were we to hold otherwise, few importers would fail the test ofconstituting a domestic industry."); u sTo the extent there is = U.S.Cbacter De-at 9-11.content in these imported tools,( C and the U.S. contentis w. (FF 587).. .In short, complainants activities related tothese imported products would not be a part of the definition of a singledomestic industry.The production related activities and U.S. content ofthe tools assembled in Buford, though, do neet the threshold for a domesticindustry, and the scope of the domestic industry defined as a singleindustry would be limited accordingly. (FF 578-84).To the extent the domestic industry can be defined according to eachof the fifty-three tool designs in issue, bright lines CM again be drawn.Production-related activities apply to certain of the tools, but not at allto the imported tools.However, rather than defining a separate domestic industry for each ofthe six tools actually produced in the United States, and rather thandefining a ,single domestic industry composed of the production-relatedactivities for those same six tools, the evidence suggests the definitionof three domestic industries corresponding to the three categories of tools242