[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46997-46998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16366]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-1218 (Rescission)]


Certain Variable Speed Wind Turbine Generators and Components 
Thereof; Notice of Commission Determination To Institute a Rescission 
Proceeding; Rescission of Two Cease and Desist Orders; Termination of 
the Rescission Proceeding

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 determined to institute a rescission proceeding and to 
grant a petition to rescind two cease and desist orders (``CDOs'') 
issued in the underlying investigation. The rescission proceeding is 
terminated.

FOR FURTHER INFORMATION CONTACT: Robert Needham, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-5468. 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 
[email protected]. 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 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 alleged violations of section 337 of the 
Tariff Act of 1930, as supplemented and amended, 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 of claims 1, 3, 6, 7, 12, 15-16, 21-24, 
29, 30, and 33-38 of U.S. Patent No. 6,921,985 (``the '985 patent'') 
and claims 1 and 2 of the U.S. Patent No. 7,629,705 (``the '705 
patent''). Id. at 55493; Order No. 10 (Dec. 2, 2020), unreviewed by 
Comm'n Notice (Dec. 22, 2020). The Commission's notice of investigation 
named as respondents Siemens Gamesa Renewable Energy Inc. of Orlando, 
Florida (``SGRE Inc.''); Siemens Gamesa Renewable Energy A/S of Brande, 
Denmark (``SGRE A/S''); and Gamesa Electric, S.A.U. of Zamudio, Spain 
(``Gamesa'') (collectively, ``SGRE''). 85 FR 55493. The Office of 
Unfair Import Investigations is not a party to the investigation. Id.
    On January 18, 2022, the Commission determined that GE showed a 
violation of section 337 by SGRE with respect to claims 29, 30, 33-35, 
and 37 of the '985 patent, but did not show a violation with respect to 
claims 1, 6, and 12 of the '985 patent or any claim of the '705 patent. 
87 FR 3586-87 (Jan. 24, 2022). The Commission further found that GE 
showed that SGRE's full-converter wind turbine products with early 
versions of software infringe claims 29, 30, 33-35, and 37 of the '985 
patent, but did not show that SGRE's full-converter wind turbine 
products with later versions of software or SGRE's doubly-fed induction 
generator (``DFIG'') wind turbine products infringe those claims. The 
Commission issued a limited exclusion order (``LEO'') and three CDOs 
against the three SGRE entities, but specified that those remedial 
orders did not cover: (1) DFIG wind turbine products; (2) full-
converter wind turbine products with late versions of software; (3) 
wind turbine products that were subject to a license agreement between 
GE and SGRE's predecessor; and (4) wind turbine products that use GE 
Converteam power conversion units. Additionally, the Commission found 
that the remedial orders should have an exemption for the service and 
repair of existing wind turbine generators based on the public interest 
factors.
    On March 25, 2022, the Commission issued a corrected Commission 
opinion. 87 FR 18396 (Mar. 30, 2022). The corrections clarified which 
component contains the relevant software for determining whether a 
full-converter wind turbine product infringes.
    On June 24, 2022, GE filed a petition to rescind the CDOs against 
SGRE A/S and Gamesa. On July 6, 2022, SGRE A/S and Gamesa filed a 
response indicating that they do not oppose the rescission of the CDOs 
issued against them.
    Having reviewed GE's petition seeking to rescind the CDOs and SGRE

[[Page 46998]]

A/S's and Gamesa's response indicating no opposition to rescinding the 
CDOs, the Commission finds that the conditions which led to the 
issuance of those CDOs no longer exist, and therefore, granting the 
petition to rescind is warranted under section 337(k) (19 U.S.C. 
1337(k)). The Commission also finds that the requirements of Commission 
Rule 210.76(a) (19 CFR 210.76(a)) are satisfied. Accordingly, the 
Commission has determined to institute a rescission proceeding and to 
grant the petition to rescind the CDOs issued against SGRE A/S and 
Gamesa. The rescission proceeding is terminated.
    The Commission vote for this determination took place on July 26, 
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).

    By order of the Commission.

    Issued: July 26, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-16366 Filed 7-29-22; 8:45 am]
BILLING CODE 7020-02-P