[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69284-69285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28849]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-811]
Certain Integrated Solar Power Systems and Components Thereof:
Notice of Institution of Investigation; Institution of Investigation
Pursuant to 19 U.S.C. 1337
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 3, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Westinghouse Solar, Inc. of Campbell, California and Andalay Solar,
Inc. of Campbell, California. Supplements to the complaint were filed
on October 18, 2011 and October 19, 2011. The complaint alleges
violations of section 337 based upon the importation into the United
States, the sale for importation, and the sale within the United States
after importation of certain integrated solar power systems and
components thereof by reason of infringement of certain claims of U.S.
Patent No. 7,406,800 (``the `800 patent'') and U.S. Patent No.
7,987,641 (``the `641 patent''). The complaint further alleges that an
industry in the United States exists as required by subsection (a)(2)
of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and cease and desist orders.
ADDRESSES: The complaint and supplements, except for any confidential
information contained therein, are 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 TDD terminal on (202) 205-1810. Persons
with mobility impairments who will need special assistance in gaining
access to the Commission should contact the Office of the Secretary at
(202) 205-2000. General information concerning the Commission may also
be obtained by accessing its internet server at http://www.usitc.gov.
The public record for this investigation may be viewed on the
Commission's electronic docket (EDIS) at http://www.edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR 210.10 (2011).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 1, 2011, 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 subsection (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 integrated
solar power systems and components thereof that infringe one or more of
claims 6 and 10 of the `800 patent and claim 1 of the `641 patent, and
whether an industry in the United States exists as required by
subsection (a)(2) of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue, and the administrative law
judge will limit public interest discovery, appropriately, with
particular consideration for third parties, and will ensure that such
discovery will not delay the investigation or be used improperly;
(3) 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 complainants are:
[[Page 69285]]
Westinghouse Solar, Inc., 1475 South Bascom Avenue, Suite 101,
Campbell, CA 95008.
Andalay Solar, Inc., 1475 South Bascom Avenue, Suite 101, Campbell, CA
95008.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Zep Solar, Inc., 161 Mitchelle Boulevard, Suite 104, San Rafael, CA
94903.
Canadian Solar Inc., 650 Riverbend Drive, Suite B, Kitchener, Ontario,
Canada N2K 3S2.
Canadian Solar (USA) Inc., 12657 Alcosta Boulevard, Suite 140, San
Ramon, CA 94583.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436;
and
(4) For the investigation so instituted, the 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 section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission of the complaint and the notice
of investigation. Extensions of time for submitting responses to the
complaint and the notice of investigation 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 respondent,
to find the facts to be as alleged in the complaint and this notice and
to enter an initial determination and a final determination containing
such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
Issued: November 2, 2011.
By order of the Commission.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2011-28849 Filed 11-7-11; 8:45 am]
BILLING CODE 7020-02-P