[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Pages 28167-28168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13150]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-376]
Certain Variable Speed Wind Turbines and Components Thereof;
Investigation
AGENCY: International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on April 21, 1995, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Kenetech Windpower, Inc., 6952 Preston Avenue, Livermore, California
94550. The complaint alleges a violation of section 337 based on the
importation, the sale for importation, and/or the sale within the
United States after importation of certain variable speed wind turbines
and components thereof, by reason of alleged induced and contributory
infringement of claim 131 of U.S. Letters Patent 5,083,039 and claim 51
of U.S. Letters Patent 5,223,712. The complaint further alleges that
there exists an industry in the United States as required by subsection
(a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, is available for inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street, SW, Room 112, Washington,
DC 20436, telephone 202-205-2000. Hearing-impaired individuals are
advised that information on this matter can be obtained by contacting
the Commission's T.D.D. terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Thomas S. Fusco, Esq., Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2571.
Authority
The authority for institution of this investigation is contained in
section 337 of the Tariff Act of 1930, as amended, and in Sec. 210.10
of the Commission's [[Page 28168]] Final Rules of Practice and
Procedure, 59 FR 39020, 39043 (August 1, 1994).
Scope of Investigation
Having considered the complaint, the U.S. International Trade
Commission, on May 22, 1995, 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 section 337(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 variable
speed wind turbines and components thereof, by reason of alleged
infringement of claim 131 of U.S. Letters Patent 5,083,039 or claim 51
of U.S. Letters Patent 5,225,712, and whether there exists an industry
in the United States as required by subsection (a)(2) of section 337.
(2) 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--
Kenetech Windpower, Inc., 6952 Preston Avenue, Livermore, California
94550.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Enercon GmbH, Dreekamp 5, D-26605, Aurich, Germany
The New World Power Corporation, 558 Lime Rock Road, Lime Rock,
Connecticut 06039.
(c) Thomas S. Fusco, Esq., Office of Unfair Import Investigations,
U.S. International Trade Commission, 500 E Street, SW, Room 401-O,
Washington, DC 20436, who shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, Janet D. Saxon, 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 Sec. 210.13 of
the Commission's Final Rules of Practice and Procedure, 59 FR 39022,
August 1, 1994. Pursuant to 19 CFR 201.16(d) and Sec. 210.13(a) of the
Commission's Final Rules, 59 FR 39022, August 1, 1994, such responses
will be considered by the Commission if received no later than 20 days
after the date of service of the complaint. Extensions of time for
submitting responses to the complaint 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
respondents, to find the facts to be as alleged in the complaint and
this notice and to enter both an initial determination and a final
determination containing such findings, and may result in the issuance
of a limited exclusion order or a cease and desist order or both
directed against such respondent.
Issued: May 23, 1995.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-13150 Filed 5-26-95; 8:45 am]
BILLING CODE 7020-02-P
