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

establishment of such an industry. 19 U.S.C. 1337(a) (1) (A). Therefore,Complainants must prove that respondents' sales of infringing products havecaused substantial injury to the domestic industry, or threaten to causesuch injure, or have prevented the establishment of such industry. %/A. Actual h&,uyTo prove that respondents' practices have caused substantial injury tothe domestic industry, complainants must prove that the respondents hold asignificant share of the domestic market, or that respondents have madesignificant sales of the accused products. -c. v. U.S,, 753 F.2d 1019, 1029 (Fed. Cir. 1985). Thecomplainants must also prove a nexus between the unfair acts and the injuryto the domestic industry.TA-242 (19871, at 75.Certain DvnBIDic Random Access nemories...Probcts Con-, (''ERAkfs"), Inv. No. 337-In assessing whether unfair acts have the effect of substantiallyinjuring the domestic industry, the Connnission has considered a broad rangeof indicia, including the volume of imports and their degree ofpenetration, lost sales, underselling by respondents, reductions incomplainants' profits or employment levels, and declining production,profitability and sales. &g, u, m e a wDutv StaDle Gun Tackers,Inv. No. 337-TA-137, Unreviewed I.D. at 73 (1984); Cettain Drill Po=m e ws for kvwa11 Construct ion, Inv. No. 337-TA-116, at 18 (1982); CertainAs-, Inv. No. 337-TA-88, at 42-49 (1981).a/ The Omnibus Trade and%ompetitiveness Act of 1988 substituted the word"threat" for ?endency." The legislative history makes it clear, however,that this change was merely meant to codify current Commission practice,and not to introduce a new standard for proving injury.246