[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Notices]
[Pages 47958-47959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23224]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-376]


Certain Variable Speed Wind Turbines and Components Thereof; 
Notice of Issuance of Limited Exclusion Order

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 issued a limited exclusion order in the above-captioned 
investigation.

FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3106.

SUPPLEMENTARY INFORMATION: The authority for the Commission's 
determinations is contained in section 337 of the Tariff Act of 1930, 
as amended (19 U.S.C. 1337), and in section 210.45 and 210.50 of the 
Commission's Rules of Practice and Procedure (19 CFR 210.45 and 
210.50).
    This patent-based section 337 investigation was instituted by the 
Commission on May 30, 1995 (60 FR 28167) based on a complaint filed by 
Kenetech Windpower, Inc., of Livermore, CA. Complainant alleged 
violation of section 337 in the importation, 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 
infringement of claim 131 of U.S. Letters Patent 5,083,039 (``the `039 
patent'') and claim 51 of U.S. Letters Patent 5,225,712 (``the `712 
patent''), both patents owned by complainant. Enercon GmbH of Aurich, 
Germany and The New World Power Corporation of Lime Rock, Connecticut 
were named as respondents.
    The presiding administrative law judge (ALJ) held an evidentiary 
hearing on the merits beginning on January 31, 1996, and issued his 
final initial determination (ID) finding a violation of section 337 on 
May 30, 1996. The ALJ found that there had been a sale for importation 
of the accused products; that claim 131 of the `039 patent has been 
literally infringed; that claim 51 of the `712 patent was not 
infringed, either literally or under the doctrine of equivalents; and 
that complainant's activities with respect to the `039 and `712 patents 
satisfied the domestic industry requirements of section 337. 
Respondents filed a petition for review of the ID and the Commission 
investigative attorney (IA) filed an opposition to the petition for 
review. On July 17, 1996, the Commission issued a notice of its 
determination to review certain portions of the ID and requested 
written submissions on the issues under review and on remedy, the 
public interest, and bonding. 61 FR 38473 (July 24, 1996).
    Submissions on remedy, the public interest, and bonding and the 
issues under review were received from complainant, respondents, and 
IA. Complainant, respondents, and the IA also filed reply submissions 
on those issues. On August 30, 1996, the Commission determined to 
affirm the ALJ's conclusions on claim interpretation and infringement, 
thereby finding a violation of section 337.
    Having reviewed the record in this investigation, including the 
written submissions of the parties, the Commission also made 
determinations on the issues of remedy, the public interest, and 
bonding. The Commission determined that the appropriate form of relief 
is a limited exclusion order prohibiting the unlicenced entry for 
consumption of variable speed wind turbines and components thereof 
manufactured and/or imported by Enercon GmbH of Aurich, Germany and/or 
The New World Power Corporation of Lime Rock, Connecticut, and that 
infringe claim 131 of U.S. Letters Patent 5,083,039.
    The Commission also determined that the public interest factors 
enumerated in

[[Page 47959]]

subsections 1337(d) and (f) do not preclude the issuance of the limited 
exclusion order, and that the bond during the Presidential review 
period shall be in the amount of 100 percent of the entered value of 
the articles in question.
    Copies of the Commission's order, the Commission opinion in support 
thereof, and all other nonconfidential documents filed in connection 
with this investigation are or will be 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, S.W., 
Washington, D.C. 20436, telephone 202-205-2000. Hearing-impaired 
persons are advised that information on this matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.


    Issued: August 30, 1996.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-23224 Filed 9-10-96; 8:45 am]
BILLING CODE 7020-02-P