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

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Marcia H. Sundeen, Esq., Office of Unfair Import Investigations, was thenamed Commission Investigative Attorney. Judge John J. Mathias wasdesignated the Administrative Law Judge to preside over this investigation,Responses to the complaint <strong>and</strong> notice of investigation were filed onbehalf of most of the respondents.before the Administrative law Judge.A preliminary conference was heldAppearances were made on behalf ofcomplainants, staff <strong>and</strong> the following respondents:Pay N' Pak; KO Shin<strong>Electric</strong> <strong>and</strong> Machinery co., Ltd.; Jepson Inc.; Atlas Group; Union TechCorp.; Tool City; Alltrade, Inc.; Kuen Master Industry, Ltd.; HarborFreight Salvage Co. ; Pace Membership Warehouse ; Ta Shin <strong>Electric</strong> IndustrialCo., Ltd.; Tochiado Industry Co., Ltd.; International Consumer Br<strong>and</strong>s; HomeDepot; Floyd Ready Associates; Trade Associates, Inc.; Jet Equipment &<strong>Tools</strong>, Inc.; Jenn Feng Industrial Co., Ltd.; <strong>and</strong> Puma Industrial Co.An Initial Determination was issued on October 17, 1988, granting themotions of complainants <strong>and</strong> Commission staff to amend the notice ofinvestigaton o p ~ the amendments to Section 337 effected by the OmnibusTrade <strong>and</strong> Competitiveness Act of 1988. (Order No. 6). Under suchamendments complainants were no longer required to prove that the unfairact of registered trademark infringement has the effect or tendency toinjure a domestic industry, <strong>and</strong> the complainants need not prove that thedomestic industry is efficiently <strong>and</strong> economically operated for any of theallegations of the complaint. The Commission by Notice of November 17,1988, decided not to review that Initial Determination. (53 Fed. Reg.47586, Nov. 23, 1988).By notice dated September 22, 1988, George G. Sunnnerfield, Jr., Esq. wasassigned as Commission Investigative Attorney in this investigation, in5

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