[Federal Register Volume 87, Number 61 (Wednesday, March 30, 2022)]
[Notices]
[Page 18396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06732]



[[Page 18396]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1218]


Certain Variable Speed Wind Turbine Generators and Components 
Thereof; Commission Determination To Grant Respondents' Motion for 
Leave To Submit a Petition for Reconsideration Out of Time and 
Respondents' Petition for Reconsideration; Issuance of Corrected 
Commission Opinion

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined to grant respondents' 
petition for reconsideration and respondents' motion for leave to 
submit a petition for reconsideration out of time, and to issue a 
corrected Commission opinion.

FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3427. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
<a href="/cdn-cgi/l/email-protection#5d1819140e6e1538312d1d282e34293e733a322b"><span class="__cf_email__" data-cfemail="6227262b31512a070e122217110b16014c050d14">[email protected]</span></a>. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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 had 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, as supplemented, alleged 
violations of section 337 of the Tariff Act of 1930, 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 claims of U.S. Patent Nos. 
6,921,985 (``the '985 patent'') and 7,629,705 (``the '705 patent''). 
Id. at 55493; Order No. 10 (Dec. 2, 2020), unreviewed by Comm'n Notice 
(Dec. 22, 2020). Id. The Commission's notice of investigation named as 
respondents Siemens Gamesa Renewable Energy Inc. of Orlando, Florida; 
Siemens Gamesa Renewable Energy A/S of Brande, Denmark; and Gamesa 
Electric, S.A.U. of Zamudio, Spain (collectively, ``SGRE''). Id. at 
26493; 85 FR 55493. The Office of Unfair Import Investigations was not 
a party to the investigation. Id.
    On September 10, 2021, the ALJ issued a final initial determination 
(``final ID'') finding a violation of section 337 with respect to the 
'985 patent and finding no violation with respect to the '705 patent. 
86 FR 64526 (Nov. 18, 2021). On November 12, 2021, the Commission 
determined to review the final ID in part. Id.
    On January 18, 2022, the Commission made its final determination in 
this investigation, finding a violation of section 337 by SGRE as to 
certain claims of the '985 patent and issuing a limited exclusion order 
and cease and desist orders to SGRE. 87 FR 3586 (Jan. 24, 2022). The 
Commission issued a Commission Opinion accompanying its final 
determination.
    On February 7, 2022, SGRE filed a petition for reconsideration and 
a motion for leave to submit a petition for reconsideration out of 
time. The petition requests that the Commission correct its January 18, 
2022 Opinion in this investigation to correct a technical inaccuracy. 
GE did not file a response to either the motion or petition.
    The Commission has determined to grant SGRE's petition for 
reconsideration and SGRE's motion for leave to submit a petition for 
reconsideration out of time, and to issue a corrected Commission 
opinion.
    The Commission vote for this determination took place on March 25, 
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).

    Issued: March 25, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-06732 Filed 3-29-22; 8:45 am]
BILLING CODE 7020-02-P


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