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

e held in default and subjected to certain sanctions for failure to complywith an order compelling discovery.None of said respondents haveresponded to that show cause order and they are found hereinbelow to be in.default.Order No. 70 denied complainants' motion for default as to respondentSteve's Wholesale Distributors and Kuen Master Industry, Ltd. on the groundthat each of these respondents had responded to the complaint and notice ofinvestigation.However, neither of these respondents participated at thehearing and respondent Kuen Master did not provide discovery. Accordingly,I order hereinbelow that complainants may rely upon secondary evidence ir.proof of charges against respondent Kuen Master.Order No. 70 also denied complainants' motion for default as torespondent Poromes Enterprise Company on the ground that there was noevidence'of service on this respondent.However, Poromes' correspondencehas acknowledged receipt of the complaint and notice.Accordingly,respondent Poromes is found hereinbelow to be in default.Respondent Mechanics Products was never served with the complaint andnotice of investigation.(FF 1, below).The Prehearing Conference in this matter was held on March 3, 1989. Thehearing commenced on MarCh 6, 1989 before Judge Mathias to determinewhether there is a violation of Section 337(a) (1)(A) and/or (a)(1)(C) asalleged in the amended complaint and set forth in the amended notice ofinvestigation. The hearing concluded and the record closed on March 28,1989.The issues have been briefed and proposed findings and conclusions of7