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

22BondinnUnder subsection (j) of section 337, articles subject to a cease anddesist order may be imported into and sold in the United States under abond during the period in which the President is determining whether todisapprove the order or allow it to become final. U/ In determining theamount of the bond, the Commission attempts to ascertain what amount wouldbe sufficient to offset any competitive advantages resulting from theunfair method of competition or unfair act enjoyed by persons benefittingfrom importations. %/Makita argues that the bond in this investigation should be 50 percentof the entered value of the infringing articles, because that amount is theapproximate competitive advantage that importers of the subject Taiwanesemerchandise generally enjoy.The IAs initially argued that the bond shouldbe 100 percent of the entered value of the infringing articles because thecompetitive advantage enjoyed by the importer is difficult to quantify fromthe limited information on the record.In their response to Makita'sremedy submission, however, the IAs have agreed that the amount of the bondshould be 50 percent as requested by Makita.=/ ( . . .continued)offer any plausible explanation for Makita's failure to comply with theprescribed deadline, nor does it provide good reason for the Commission toexercise its discretion to allow Makita to submit its response out of time.For all the foregoing reasons, Makita's motion to strike is denied inits entirety.=/ a 19 U.S.C. § 1337(j)(3). $& also In r e Atmel CorDc , U.S. Court ofAppeals for the Federal Circuit, Docket No. 89-1382, Order dated April 27,1989 at 3-4.a/ S. Rep. No. 1298 at 198; 19 C.F.R. § 210.58(a)(3)) (1989).