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

12The Commission also found good reason for waiving the customaryprocedure in the present investigation. The Commission rules requiringthat a violation ID address all issues raised in the investiggtion u/ arefor the benefit of the Commission and are not a requirement of law.TheU.S. Court of Appeals for the Federal Circuit has held that it ispermissible for the Commission to base a final determination of noviolation on a single dispositive issue. a/ Having found in the instantinvestigation no justification for reviewing the ID'S disposition ofcertain outcome-determinative issues, the Commission found no need to reachthe remaining issues.Makita was not prejudiced by the Commission's actions. The interimCommission rules governing review proceedings do not require the Commissionto allow parties to file briefs or to hear oral argument. 2p/ Makita thuswas not deprived of any procedural right as a result of the Commission'sdecision not to order a review and to adopt portions of the ID as its finaldetermination. Moreover, Makita filed a lengthy petition for review whichcontested essentially every finding in the ID. The Conmission thus wasfully apprised of Makita's arguments on the matters in question when itdecided not to review the ID and to adopt selected portions thereof. TheW &e 19 C.F.R. 55 210.53(a) and (d) (1989).28/ Beloit cor^. v. Valmet Oy, 742 F. 2d 1421, 1423 (Fed. Cir. 1984).2p/ 19 C.F.R. § 210.56(a) (1989).