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

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

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produced in the United States. 2 1All of the tool designs at issue were categorized in the Complaint <strong>and</strong>in all aspects of proof into fourteen Categories, ps~corded drill, mitersaw, router. The evidence reveals that the complainants conductproduction-related activities for three of these categories:Cordlessdrills, corded drills, <strong>and</strong> finishing s<strong>and</strong>ers. (FF 571). (C )( C ) The evidence alsoreveals that the models under these three categories are somewhat similarin designcategory, <strong>and</strong> that production for one model within a categoryis similar to production for another model within a category.(&production of a red cordless 3/8"drill is similar to production of a bluecordless 3/8" cordless drill of similar design). (FF 609). To the extentthat "commercial realities" dictate anything in this analysis , thecommercial realities indicate that three domestic industries exist forpurposes of this investigation respectively comprised of complainants'production activities devoted to the exploitation of the three categoriesof tools produced in Buford, Georgia. (FF 571).B. Products Soon To Be -vProducd"Production-related activities distinguish a domestic industry from animporter or inventor.It is clear from section 337, its legislativehistory, past Commission decisions, <strong>and</strong>that section 337 protectsdomestic industries , not importers or inventors .I'. .acter D m ,<strong>Certain</strong> Products withInv. No. 337-TA-201, Connnission Op. at 6,This is somewhat ot an academic exercise because the scope of allthree definitions is limited to tools actually produced in the UnitedStates, <strong>and</strong> the proof of injury extends to all six of the tools produced inGeorgia regardless of whether that injury is measured against singleor multiple domestic industries.243

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