Establishing Domestic Industry Based on Future Products, ITC Blog

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In a recent order, ALJ Bullock indicated that it is unsettled whether evidence related to unreleased products can be used to establish that a domestic industry exists. As a result, he denied respondent’s motion to strike certain portions of complainant’s expert report related to the use of such unreleased products. Certain Gas Spring Nailer Products and Components Thereof, 337-TA-1082, Order 17 (July 19, 2018).

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