- 87 -
sunglasses. This is because the assembler "must produce the
acceptable and marketable sunglass product." Mr. Nieh noted that
sunglass parts are not sold to ultimate consumers. He also
detailed the reliance of the assembler of quality sunglasses on a
trained and experienced work force and the quality procedures
that must be utilized by that assembler to ensure that the sun-
glasses produced meet the consumers' standards for appearance and
fit. Based on his experience in the sunglass industry, Mr. Nieh
concluded that B&L Ireland and B&L Hong Kong conducted "manu-
facturing operations" and that "the sunglass industry would
certainly recognize B&L Ireland and B&L Hong Kong as engaged in
the manufacture and sale of 'quality sunglasses.'"
In addition to the testimony of Mr. Nieh, we also rely on
the testimony of Mr. Davis who testified as a fact, and not an
expert, witness. From 1963 through the early 1980s, Mr. Davis
was an employee of Polaroid U.K., which marketed and distributed
sunglasses in the United Kingdom. At the time he joined Polaroid
U.K., it sold sunglasses that were assembled for it by Polarizer
U.K., an unrelated company, from lenses that Polaroid U.K. im-
ported from the United States and from frames purchased by
Polaroid U.K. After joining Polaroid U.K., Mr. Davis, acting as
a representative of that company, became the production manager
of the assembly operations conducted by Polarizer U.K. His work
included improving the quality control of the vendors supplying
Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 NextLast modified: May 25, 2011