Discontinued Products Count Towards Domestic Industry

Discontinued Products Count Towards Domestic Industry

In a recent Initial Determination (“ID”), Chief Administrative Law Judge Bullock held that the “greater weight of authority” supports the conclusion that investments in discontinued products can form the basis for an existing domestic industry. Certain Memory Modules and Components Thereof, and Products Containing Same, Inv. No. 337-TA-1023, Initial Determination (Nov. 14, 2017).

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

ALJ Rules that Products Manufactured After the Date of Complaint Not Relevant to Domestic Industry Analysis

In a recent Order, Judge Lord denied Complainant Macronix’s motion for summary determination that the economic prong of the domestic industry requirement has been met.  Certain Non-Volatile Memory Devices and Products Containing Same, Inv. No. 337-TA-1046, Order No. 26.  Although the order is heavily redacted, Judge Lord’s analysis appears to focus on the fact that the products relied upon to meet the domestic industry requirement were not manufactured until after the date the complaint was filed.