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petitioner estimated at "about a 4-cent per pound penalty". In
addition, PI was not in a good location; trucks had difficulty
getting in and out, especially during the summer, and therefore
it also paid a "location differential" that petitioner estimated
at several cents per pound.
Petitioner also questioned Bambara about the sources of PI's
recyclable scrap. Petitioner testified that in his view "it's
difficult to make money in plastics recycling. You need to have
enough product in terms of the volume." Petitioner understood
from Bambara that PI's customers purchased plastic foam from an
average of 3 to 5 suppliers. Consequently, petitioner reasoned,
"if the machines went to those suppliers, it was not only PI's
volume that could supply those machines, but also two or three or
four other suppliers could supply that". Petitioner also
understood from Bambara that PI had been working on the machine
for "a long time" and had been using it in practice. To confirm
this claim, petitioner allegedly spoke to one of his Cape Cod
neighbors who worked in PI's machine shop in Hyannis. Petitioner
claims that he understood from his neighbor that PI first began
working on the Sentinel EPE recycler under a prior president at
PI, and that it had been using the machine in practice.
Petitioner recalled being satisfied that the Sentinel EPE
recycler was unique because it recycled 1- to 2-pound low density
polyethylene foam. He recalled:
I was surprised that they could do this, the 1- to
2-pound. I read pretty much all the literature.
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