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

16decided not to review and to adopt an ID holding them in default. a/Theviolation ID found additional respondents to be in default, u/ but theCommission did not adopt those findings.Makita has requested that the Commission issue an exclusion orderdirected to all defaulting respondents, including those that were held tobe in default by the ALJ (but not the Commission) in the violation ID.Makita claims that it is entitled to such relief pursuant to subsection (g)of section 337, which reads in pertinent part as follows:If--(A) a complaint is filed against a person under thissection:(B) the complaint and notice of investigation are served onthe person:(C) the person fails to respond to the complaint and noticeor otherwise fails to appear to answer the complaint and notice:(D) the person fails to show good cause why the personshould not be found in default; andperson;(E) the complainant seeks relief limited solely to thatthe Commission shall presume the facts alleged in the complaint to betrue and shall, upon request, issue an exclusion from entry or a ceaseand desist order, or both limited to that person [unless certain publicinterest considerations preclude such relief]. U/The Commission has determined that no remedial order of any type will beissued against any defaulting respondent in this investigation because ofthe adverse effect sL:hrelief would have upon the public interest.X/ &s 54 Fed. Reg. 16009 (Apr. 20, 1989).U/ h ID at 6-7 and 255 (paragraph 4) and FF 95-99.!!..I,/ 19 U.S.C. 5 1337(g)(1).