Notice2021-15325
Notice of Institution of Investigation; Certain Silicon Photovoltaic Cells and Modules With Nanostructures, and Products Containing the Same
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 20, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 11, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of Advanced Silicon Group Technologies, LLC of Lowell, Massachusetts. A first supplement was filed on June 17, 2021, and a second supplement was filed on July 6, 2021. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain silicon photovoltaic cells and modules with nanostructures, and products containing the same by reason of infringement of certain claims of U.S. Patent No. 8,450,599 ("the '599 patent"); U.S. Patent No. 8,852,981 ("the '981 patent"); U.S. Patent No. 9,601,640 ("the '640 patent"); U.S. Patent No. 9,768,331 ("the '331 patent"); U.S. Patent No. 10,269,995 ("the '995 patent"); and U.S. Patent No. 10,692,971 ("the '971 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 136 (Tuesday, July 20, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38356-38358]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15325]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1271]
Notice of Institution of Investigation; Certain Silicon
Photovoltaic Cells and Modules With Nanostructures, and Products
Containing the Same
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 11, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of Advanced Silicon
Group Technologies, LLC of Lowell, Massachusetts. A first supplement
was filed on June 17, 2021,
[[Page 38357]]
and a second supplement was filed on July 6, 2021. The complaint, as
supplemented, alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain silicon
photovoltaic cells and modules with nanostructures, and products
containing the same by reason of infringement of certain claims of U.S.
Patent No. 8,450,599 (``the '599 patent''); U.S. Patent No. 8,852,981
(``the '981 patent''); U.S. Patent No. 9,601,640 (``the '640 patent'');
U.S. Patent No. 9,768,331 (``the '331 patent''); U.S. Patent No.
10,269,995 (``the '995 patent''); and U.S. Patent No. 10,692,971 (``the
'971 patent''). The complaint further alleges that an industry in the
United States exists or is in the process of being established as
required by the applicable Federal Statute. The complainant requests
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#e5a0a1acb6d6ad808995a590968c9186cb828a93"><span class="__cf_email__" data-cfemail="85c0c1ccd6b6cde0e9f5c5f0f6ecf1e6abe2eaf3">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. General information concerning the Commission may also be
obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2021).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 13, 2021, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine whether
there is a violation of subsection (a)(1)(B) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
claims 15, 17, 23-25, and 27 of the '599 patent; claims 1, 2, 4, 13,
18, 23, 26, and 27 of the '981 patent; claims 1, 4, 11-14, and 16-18 of
the '640 patent; claims 1, 2, and 10 of the '331 patent; claims 1, 2,
and 7-11 of the '995 patent; and claims 1, 7, 8, 10, and 15 of the '971
patent, and whether an industry in the United States exists or is in
the process of being established as required by subsection (a)(2) of
section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``silicon photovoltaic
cells and modules containing such cells . . . in which at least one
surface of the silicon photovoltaic cell has nanostructures'';
(3) For the purpose of the investigation so instituted, the following
are hereby named as parties upon which this notice of investigation
shall be served:
(a) The complainant is:
Advanced Silicon Group Technologies, LLC, 600 Suffolk Street, Lowell,
Massachusetts 01854
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Canadian Solar, Inc., 545 Speedvale Avenue West, Guelph, Ontario,
Canada N1K 1E6
Canadian Solar International Limited, Unit 1520, 15/F, Tower 2, Grand
Century Place, 193 Prince Edward Road West, MongKok, Kowloon, Hong
Kong, People's Republic of China
Canadian Solar Manufacturing (Changshu) Co. Inc., No. 2 Changsheng
Road, YangYuan, Xinzhuang Town, Changshu, Jiangsu 215562, People's
Republic of China
Canadian Solar Manufacturing (Luoyang) Inc., 2 Yingzhou Road, Luolong
Science Park, Luoyang, Henan Province, 471000, China
Canadian Solar Manufacturing (Thailand) Co. Ltd., 168/2 Moo 4, Rojana
Industrial Estate, Si Racha, Chon Buri 20230, Kingdom of Thailand
Canadian Solar Manufacturing Vietnam Co. Ltd., D11, No. 5, Dong Tay
Road, VSIP Hai Phong Urban, Industrial and Service Park, Duong Quan
Commune, Thuy Nguyen District, Hai Phong City 04359, Socialist Republic
of Vietnam
Canadian Solar Solutions, Inc., 545 Speedvale Avenue, Guelph, Ontario
N1K 1E6, Canada
Canadian Solar Construction (USA) LLC, 3000 Oak Road, Suite 300, Walnut
Creek, California 94597
Canadian Solar (USA) Inc., 3000 Oak Road, Suite 400, Walnut Creek,
California 94597
Recurrent Energy Group, Inc., 123 Mission Street, Floor 18, San
Francisco, California 94105
Recurrent Energy LLC, 3000 Oak Road, Suite 300, Walnut Creek,
California 94597
Recurrent Energy SH Proco LLC, 3000 Oak Road, Suite 400, Walnut Creek,
California 94597
Hanwha Q CELLS & Advanced Materials Corp., 86 Cheonggyecheon-ro, Jung-
gu, Seoul, Republic of Korea 04541
Hanwha Q Cells GmbH, Sonnenallee 17-21 06766 Bitterfeld-Wolfen, Federal
Republic of Germany
Hanwha Q Cells Malaysia Sdn. Bhd., Lot 1, Jalan CV 2, Selangor Cyber
Valley, 63300 Cyberjaya, Selangor Malaysia
Hanwha Q Cells (Qidong) Co., Ltd., 888 Linyang Road, Qidong Jiangsu
226200, People's Republic of China
Hanwha Solutions Corporation, 24F, 86, Cheonggyecheon-ro, Jung-gu,
Seoul, Republic of Korea 04541
Hanwha Energy USA Holdings Corp., (dba 174 Power Global Corporation),
300 Spectrum Center Dr., Irvine, California 92618
Hanwha Q Cell EPC USA LLC, 400 Spectrum Center Drive, Suite 1400,
Irvine, California 92618 USA
Hanwha Q Cells America Inc., 400 Spectrum Center Drive, Suite 1400,
Irvine, California 92618 USA
Hanwha Q Cells USA Corp., 300 Spectrum Center Drive, Suite 1250,
Irvine, California 92618 USA
Hanwha Q Cells USA Inc., 300 Nexus Drive, Dalton, Georgia 30721
HQC Rock River Solar Holdings LLC, 300 Spectrum Center Drive, Suite
1250, Irvine, California 92618
HQC Rock River Solar Power Generation Station, LLC, 3753 US-51, Beloit,
Wisconsin 53511
Boviet Solar Technology Co., Ltd., B5-B6, Song Khe-Industrial Zone, Noi
Hoang District, Bac Giang Province 26115, Socialist Republic of Vietnam
Ningbo Boway Alloy Material Co., Ltd., No. 1777 Yinzhou Dadao Dong
Duan, Ningbo City, Zhejiang Province 315137, People's Republic of China
Boviet Renewable Power LLC, 1740 Technology Drive, Suite 205, San Jose,
California 95110
Boviet Solar USA Ltd., 2701 North 1st Street, Suite 550, San Jose,
California 95131
[[Page 38358]]
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint and in this notice may be deemed to
constitute a waiver of the right to appear and contest the allegations
of the complaint and this notice, and to authorize the administrative
law judge and the Commission, without further notice to the respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Dated: July 14, 2021.
Katherine Hiner,
Secretary to the Commission.
[FR Doc. 2021-15325 Filed 7-19-21; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 20, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.