Bausch & Lomb Incorporated and Consolidated Subsidiaries - Page 68

                                       - 63 -                                         

          pensing Technology at Cuyahoga Community College.  We have found            
          that there are significant differences between the assembly of              
          prescription glasses and the assembly of noncorrective sunglas-             
          ses.  We did not find Dr. Cohen's opinions to be helpful in                 
          resolving the issues in these cases, and we do not rely on them             
          in making our findings and reaching our conclusions herein.                 
               Both parties rely on the opinions of engineers.  Petitioners           
          rely on the opinions of Harry W. Matthews, Jr. (Mr. Matthews), an           
          engineer employed by Arthur D. Little's Manufacturing and Trans-            
          portation Industries Section, who had no experience in the sun-             
          glass industry.  Although Mr. Matthews concluded that B&L Ireland           
          and B&L Hong Kong constituted separate manufacturing entities, he           
          did not address whether the assembly operations of each of those            
          companies were generally considered to constitute the manufacture           
          of sunglasses.  We also question some of the facts underlying Mr.           
          Matthews' analysis.  For example, he concluded that the respec-             
          tive sunglass assembly operations of B&L Ireland and B&L Hong               
          Kong involved approximately 65 steps in order to assemble metals,           
          70 steps to assemble leathers, and an additional 95 steps to                
          apply leather to metal frames.33  He further concluded that the             


          33  The number of steps that Mr. Matthews concluded are required            
          for the assembly of sunglasses does not include a number of                 
          support operations, such as incoming inspections and quality                
          audits.                                                                     






Page:  Previous  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  Next

Last modified: May 25, 2011