Notice2022-16366
Certain Variable Speed Wind Turbine Generators and Components Thereof; Notice of Commission Determination To Institute a Rescission Proceeding; Rescission of Two Cease and Desist Orders; Termination of the Rescission Proceeding
Primary source
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Published
August 1, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to institute a rescission proceeding and to grant a petition to rescind two cease and desist orders ("CDOs") issued in the underlying investigation. The rescission proceeding is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46997-46998]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16366]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-1218 (Rescission)]
Certain Variable Speed Wind Turbine Generators and Components
Thereof; Notice of Commission Determination To Institute a Rescission
Proceeding; Rescission of Two Cease and Desist Orders; Termination of
the Rescission Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to institute a rescission proceeding and to
grant a petition to rescind two cease and desist orders (``CDOs'')
issued in the underlying investigation. The rescission proceeding is
terminated.
FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-5468. Copies of non-
confidential documents filed in connection with this investigation 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#084d4c415b3b406d6478487d7b617c6b266f677e"><span class="__cf_email__" data-cfemail="3471707d67077c5158447441475d40571a535b42">[email protected]</span></a>. 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>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 8, 2020, based on a complaint filed on behalf of General
Electric Company of Boston, Massachusetts (``GE''). 85 FR 55492-93
(Sept. 8, 2020). The complaint alleged violations of section 337 of the
Tariff Act of 1930, as supplemented and amended, 19 U.S.C. 1337, based
upon the importation into the United States, the sale for importation,
and the sale within the United States after importation of certain
variable speed wind turbine generators and components thereof by reason
of infringement of one or more of claims 1, 3, 6, 7, 12, 15-16, 21-24,
29, 30, and 33-38 of U.S. Patent No. 6,921,985 (``the '985 patent'')
and claims 1 and 2 of the U.S. Patent No. 7,629,705 (``the '705
patent''). Id. at 55493; Order No. 10 (Dec. 2, 2020), unreviewed by
Comm'n Notice (Dec. 22, 2020). The Commission's notice of investigation
named as respondents Siemens Gamesa Renewable Energy Inc. of Orlando,
Florida (``SGRE Inc.''); Siemens Gamesa Renewable Energy A/S of Brande,
Denmark (``SGRE A/S''); and Gamesa Electric, S.A.U. of Zamudio, Spain
(``Gamesa'') (collectively, ``SGRE''). 85 FR 55493. The Office of
Unfair Import Investigations is not a party to the investigation. Id.
On January 18, 2022, the Commission determined that GE showed a
violation of section 337 by SGRE with respect to claims 29, 30, 33-35,
and 37 of the '985 patent, but did not show a violation with respect to
claims 1, 6, and 12 of the '985 patent or any claim of the '705 patent.
87 FR 3586-87 (Jan. 24, 2022). The Commission further found that GE
showed that SGRE's full-converter wind turbine products with early
versions of software infringe claims 29, 30, 33-35, and 37 of the '985
patent, but did not show that SGRE's full-converter wind turbine
products with later versions of software or SGRE's doubly-fed induction
generator (``DFIG'') wind turbine products infringe those claims. The
Commission issued a limited exclusion order (``LEO'') and three CDOs
against the three SGRE entities, but specified that those remedial
orders did not cover: (1) DFIG wind turbine products; (2) full-
converter wind turbine products with late versions of software; (3)
wind turbine products that were subject to a license agreement between
GE and SGRE's predecessor; and (4) wind turbine products that use GE
Converteam power conversion units. Additionally, the Commission found
that the remedial orders should have an exemption for the service and
repair of existing wind turbine generators based on the public interest
factors.
On March 25, 2022, the Commission issued a corrected Commission
opinion. 87 FR 18396 (Mar. 30, 2022). The corrections clarified which
component contains the relevant software for determining whether a
full-converter wind turbine product infringes.
On June 24, 2022, GE filed a petition to rescind the CDOs against
SGRE A/S and Gamesa. On July 6, 2022, SGRE A/S and Gamesa filed a
response indicating that they do not oppose the rescission of the CDOs
issued against them.
Having reviewed GE's petition seeking to rescind the CDOs and SGRE
[[Page 46998]]
A/S's and Gamesa's response indicating no opposition to rescinding the
CDOs, the Commission finds that the conditions which led to the
issuance of those CDOs no longer exist, and therefore, granting the
petition to rescind is warranted under section 337(k) (19 U.S.C.
1337(k)). The Commission also finds that the requirements of Commission
Rule 210.76(a) (19 CFR 210.76(a)) are satisfied. Accordingly, the
Commission has determined to institute a rescission proceeding and to
grant the petition to rescind the CDOs issued against SGRE A/S and
Gamesa. The rescission proceeding is terminated.
The Commission vote for this determination took place on July 26,
2022.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: July 26, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16366 Filed 7-29-22; 8:45 am]
BILLING CODE 7020-02-P
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