Notice2024-28832
Certain TOPcon Solar Cells, Modules, Panels, Components Thereof, and Products Containing Same (II); Notice of Institution of Investigation
Primary source
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Published
December 9, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 23, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of Trina Solar (U.S.), Inc. of Fremont, California; Trina Solar US Manufacturing Module 1, LLC of Wilmer, Texas; and Trina Solar Co., Ltd. of China. Supplements to the complaint were filed on November 8, 2024, and November 15, 2024. 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 TOPCon solar cells, modules, panels, components thereof, and products containing same by reason of the infringement of certain claims of U.S. Patent No. 9,722,104 ("the '104 patent") and U.S. Patent No. 10,230,009 ("the '009 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
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<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
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[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Notices]
[Pages 97653-97655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28832]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1425]
Certain TOPcon Solar Cells, Modules, Panels, Components Thereof,
and Products Containing Same (II); Notice of Institution of
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 23, 2024, under section
337 of the Tariff Act of 1930, as amended, on
[[Page 97654]]
behalf of Trina Solar (U.S.), Inc. of Fremont, California; Trina Solar
US Manufacturing Module 1, LLC of Wilmer, Texas; and Trina Solar Co.,
Ltd. of China. Supplements to the complaint were filed on November 8,
2024, and November 15, 2024. 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 TOPCon solar cells, modules, panels,
components thereof, and products containing same by reason of the
infringement of certain claims of U.S. Patent No. 9,722,104 (``the '104
patent'') and U.S. Patent No. 10,230,009 (``the '009 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#99dcddd0caaad1fcf5e9d9eceaf0edfab7fef6ef"><span class="__cf_email__" data-cfemail="dc9998958fef94b9b0ac9ca9afb5a8bff2bbb3aa">[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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on December 3, 2024, 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 1-11 of the '104 patent and claims 1-17 of the '009 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 ``Tunnel Oxide
Passivated Contact (`TOPCon') solar cells that include an isolation
portion in an edge portion of a silicon semiconductor substrate and
that prevents contact between two opposite type conductive
semiconductor regions and solar modules and panels that include such
solar cells'';
(3) Pursuant to Commission Rule 210.50(b)(l), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties or other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, which shall be limited to the
statutory public interest factors set forth in 19 U.S.C. l337(d)(l),
(f)(1), (g)(1);
(4) 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 complainants are:
Trina Solar (U.S.), Inc., 7100 Stevenson Blvd., Fremont, CA 94538
Trina Solar US Manufacturing Module 1, LLC, Tradepoint 45 West, 1200
Sunrise Road, Wilmer, TX 75172
Trina Solar Co., Ltd., No. 2 Tianhe Road, Trina PV Industrial Park,
Xinbei District, Jiangsu Province, China, 213031
(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:
CSI Solar Co., Ltd., 199 Lushan Road, Suzhou National & Hi-Tech
Industrial Development Zone, Suzhou, Jiangsu Province, China, 215129
Canadian Solar Inc., 545 Speedvale Avenue, West Guelph, Ontario, N1K
1E6
Canadian Solar (USA) Inc., 1350 Treat Blvd. Ste 500, Walnut Creek, CA
94597
Canadian Solar Manufacturing (Thailand) Co., Ltd., 168, Bo Win, Si
Racha District, Chon Buri 20230, Thailand
Canadian Solar US Module Manufacturing Corporation, 3000 Skyline Drive,
Mesquite, TX 75149
Recurrent Energy Development Holdings, LLC, 98 San Jacinto Boulevard,
Suite 750, Austin, TX 78701
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge, and the Chief Administrative Law
Judge is authorized to consider whether to consolidate Inv. No. 337-TA-
1425 with Inv. No. 337-TA-1422, and to consolidate them if he deems it
appropriate.
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.
[[Page 97655]]
Issued: December 4, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-28832 Filed 12-6-24; 8:45 am]
BILLING CODE 7020-02-P
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