In the Matter of Certain Road Milling Machines and Components Thereof (Order #16 Decided January 23, 2018)

The International Trade Commission denied a motion for summary determination (ITC-speak for summary judgment) that Wirtgen had satisfied the economic prong of the domestic industry requirement.  The order explains what is considered in an assessment of an economic domestic industry analysis:

Citing Lelo Inc., the ITC explains that there must be a presentation of quantitative data to support domestic industry claims.  The citation also explains that a ratio analysis of domestic and foreign activity should be provided.  It appears that some minimum economic analysis is a requirement, without which there may arise “a genuine issue of material fact.”