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

The evidence reveals that complainants have, to date, established areadiness to commence production of cordless jigsaws (models 4300D and4307D) , cordless sanders (model 9305D1, and cordless grinders (model 9500D)and I find an embryonic industry exists for each of these categories oftools the analysis described above. (FF 600). Likewise, an embryonicindustry exists for the battery cartridges that will be U.S.-sourcedas ofSeptember of this year. (FF 612-15). Cert-ure C u , Inv. No,337-TA-170, Unreviewed ID at 39 (1984) (complainants' domesticrubcontractors as a domestic industry).The evidence of readiness tocommence production of other products, however, is far too vague andtentative to qualify as an embryonic industry.Pursuant to theDaboninn investigation, and in view of evidence of record showing atendency of favoring maintenance of production in Japan despite the coatadvantages of U.S. production (FF 5971, I have ordered complainants, in myorder below, to provide the Comission with a report of their progress incomencing production for Models 4300D, 4307D and 9500D and the sourcing ofbattery cartridges from a U.S. source.In regard to the regirtered tradamatk allegations, complainantr haveestablished that there exifits in the United Stater rignificant investmentin plant and equipment, and rignificant employment of labor and capitalwith rerpect to the axploitation of the '296 mark. (FF 563-570).IX.fNJURYIn tha case of the alleged infringement8 of complainmtr' claimedcomon law trademarks complainant8 must prove that the threat or effect ofthe alleged unfair methods of competition or unfair acts ir to8Ub8tanti811y injure an indurtry in the United Stater or to prevent the245