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

In GertainaMicrotome - Freezinn Attachments , 195 U.S.P.Q. 653, 657(19761, the Comission stated thatthe prevention clause of section 337 protectstwo categories of parties: (1) parties whichhave just begun manufacturing operations andfor which section 337 violations would havethe effect or tendency of frustrating effortsto stabilize such operations; and (2) partieswhich are about to commence production andfor which section 337 violations would havethe effect or tendency of frustrating effortsto found a business.The present case is quite simple, in comparison with Ultra ficrota and-other "prevention of establishment" cases.Although it is clear thatcomplainants have the capacity to assemble a greater number and volume oftools at the Buford, Georgia plant of complainant HCA (FF 560-70, 589-603),it is also equally clear that it is not respondents' activities which haveprevented them from doing so.In fact, respondents' activities haverecently forced complainants into moving additional production from Japanto the United States, in order to become more competitive in price.(FF749-55). ( CCC( c ) Under the circumstances I can find no connection betweenrespondent#' activities and any delay in transferring further production tocomplainants' domestic plant.250