ALJ Luckern Grants Motion For Summary Determination On Domestic Industry Issues In Certain Handbags And Luggage (337-TA-754)
On July 18, 2011 Chief ALJ Paul J. Luckern issued the public version of Order No. 7 (dated June 7, 2011) in Certain Handbags, Luggage, Accessories, and Packaging Thereof (Inv. No. 337-TA-754). In the Order, ALJ Luckern determined that Complainants Louis Vuitton Malletier S.A. and Louis Vuitton U.S. Manufacturing, Inc. (“LV Mfg”) (collectively, “Louis Vuitton”) satisfied the domestic industry requirement.
According to the Order, Louis Vuitton relied on the operations of LV Mfg – which is responsible for a manufacturing facility in San Dimas, California where merchandise (e.g., handbags, luggage and accessories) featuring the trademarks at issue in the investigation are produced – to establish domestic industry. The products manufactured at San Dimas featuring the subject trademarks are sold or offered for sale in the U.S. Thus, ALJ Luckern determined that Louis Vuitton satisfied the technical prong of the domestic industry requirement. As to the economic prong, the ALJ likewise found that the record showed that Louis Vuitton’s operations in the U.S. constitute a significant investment in plant and equipment, and a significant employment of labor and capital, primarily in connection with the San Dimas facility.
Respondents Meada Corporation, Pacpro, Inc., and Alice Bei Wang did not oppose Louis Vuitton’s motion for summary determination on domestic industry in view of a settlement reached between the parties.