[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]



-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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