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

in conceivable loss of sales, a tendency to substantially injure suchindustry has been established."Trade Reform Act of 19 73. ReDort of thaon Wavs and, H. Rep. No. 93-571, 93d Cong., 1st Sess. at78 (1973). && &I re Von Cl-, 108 U.S.P.Q. 371 (C.C.P.A. 1955). &g. .Ballv/M idwav Mfn. Co. v. U.S. International Trade Comsion , 219U.S.P.Q. 97, 102 (Fed. Cir. 1983).All of the elements cited above in -tic Tub and -tic B warepresent in this investigation.Respondents' products enjoy a substantialprice advantage (FF 618); respondents are already importing substantialquantities of the accused products into the United States in everincreasing volumes (FF 494-559, 619-79); they have the capacity to importeven more (FF 680-88); and their sales and promotional activities show thtthey intend to continue to penetrate the U.S. market. (FF 619-79, 689-97).In this latter regard, it is evident from the record that the threat infuture years is much greater, since respondents' imports were first noticedby Makita as a problem in 1986 (FF 668) and an experienced buyer in themarket testified that it takes several years to build a line for a toolthat has not been nationally advertised.(FF 747).It is also significantthat a least one of the respondent competitors ( C ) was ( C )( C 1( C ) (FF 678). At least one otherrespondent ' ( c ) is not satisfied with its market share. (FF 677).All of these facts leave little doubt that there is a definite threat ofinjury to complainants' from respondents' sales of the accused products.C. pre vention of Est-249