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

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18respondents' imported merch<strong>and</strong>ise because that merch<strong>and</strong>ise, according toMakita, poses a safety hazard.As the Commission pointed out in response to similar arguments by acomplainant in a previous investigation, the plain language of the statute<strong>and</strong> its legislative history indicate that in every investigation in which aviolation has been found, Congress intends for the Commission to determinewhether relief shouldbe granted because of the likelihood of anadverse impact on the enumerated aspects of the public interest. G/Thequestion of whether a proposed remedy would have a beneficial impact on thepublic interest thus is not a relevant consideration. %/In the absence of any indication that a cease <strong>and</strong> desist order directedto Jet would have an adverse impact upon any aspect of the public interest,such an order will be issued.rected to Defaultinn ResDondentsAs noted above, subsecticr, (4: :f section 337 provides that when certainconditions are satisfied, the Commission shall assume the facts alleged inthe complaint to be true with respect to defaulting respondents <strong>and</strong> shallissue, upon request, a remedial order directed to the defaultingrespondents -- unless, after considering the effect such relief would haveupon the public health <strong>and</strong> welfare, competitive conditions in the U.S.economy, the production of like or directly competitive articles in theu/ &g 19 U.S.C. I§ 1337(d), (f)(l), <strong>and</strong> (g)(l); S. Rep. No. 1298 at 197;re Plug - In Blade Fuses, Inv. No. 337-TA-114, <strong>USITC</strong> Pub.1337, Commission Opinion at 45 (Jan. 1983)...Itd/ <strong>Certain</strong> M U u r e Plug - In Blade Fuses , <strong>USITC</strong> Pub. 1337, CommissionOpinion at 45.

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