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

have compared to industry-wide increases, but there is evidence thatn&ita's sales increases have levelled off somewhat in 1988. (FF 698, 703-22). Also, complainants' profitability ( C 1(C 1( C )Therefore, although specific lost sales have not been identified,except for the loss of "certain products" in complainants' sales to c C(C ) and aside from the fact that complainants'sales have increased during all periods at issue herein (FF 6981, I findthat complainants have been competitively injured by respondents' sales oflook-alike products.Further evidence of injury lies in the verysubstantial, and increasing, volumes of sales of the accused products byrespondents. (FF 494-559, 619-79).8. meat of IniurvWhen an assessment of the market in the presence of the accusedimported products demonstrates relevant conditions or circumstances fromwhich probable future injury can be inferred, a tendency to substantiallyinjure the domestic industry has been shown.Inv. No. 337-TA-45, RD at 24. (1979).meRelevant conditions or circumstancesmay include foreign cost advantage and production capacity, ability of theimported product to undersell complainant's product, or substantialmanufacturing capacity combined with the intention to penetrate the UnitedStates market. C e r w Metbods for Ext- Plastic , Inv. No. 337-TA-110, 218 U.S.P.Q. 348 (1982); -le Pmtic Tub U D -;m, Tariff Comission Pub. No. 471 (1972). The legislative history ofSection 337 indicates that "[wlhere unfair methods and acts have resulted248