Certain Photovoltaic Cells and Products Containing Same; Institution of Investigation
| Published date | 09 April 2019 |
| Citation | 84 FR 14134 |
| Record Number | 2019-06942 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 84 Issue 68 (Tuesday, April 9, 2019)
[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Notices]
[Pages 14134-14135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06942]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1151]
Certain Photovoltaic Cells and Products Containing Same;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on March 4, 2019, under section 337
of the Tariff Act of 1930, as amended, on behalf of Hanwha Q CELLS USA
Inc. of Dalton, Georgia and Hanwha Q CELLS & Advanced Materials
Corporation of Korea. Letters supplementing the complaint were filed on
March 12, 14, and 21, 2019. The complaint, as supplemented, 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 photovoltaic cells and products containing
same by reason of infringement of certain claims of U.S. Patent No.
9,893,215 (``the '215 patent''). The complaint further alleges that an
industry in the United States exists as required by the applicable
Federal Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a limited exclusion
order and 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 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 https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2018).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on April 3, 2019, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 12-14 of the '215 patent; and whether an industry in the United
States exists as required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``solar cells and
solar modules'';
(3) 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 or 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, which shall be limited to the
[[Page 14135]]
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1),
(f)(1), (g)(1);
(4) 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:
Hanwha Q CELLS USA Inc., 300 Nexus Drive, Dalton, GA 30721
Hanwha Q CELLS & Advanced Materials Corporation, 86 Cheonggyecheon-ro,
Jung-gu, Seoul, Republic of Korea 04541
(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:
JinkoSolar Holding Co., Ltd., c/o Conyers Trust Company (Cayman)
Limited, P.O. Box 2681, Cricket Square, Hutchins Drive, George Town,
Grand Cayman KY1-111, Cayman Islands
JinkoSolar (U.S.) Inc., 595 Market Street, Suite 2200, San Francisco,
CA 94105
Jinko Solar (U.S.) Industries Inc., 595 Market Street, Suite 2200, San
Francisco, CA 94105
Jinko Solar Co., Ltd., No. 1 Jingke Road, Shangrao Economic Development
Zone, Jiangxi, 334100, China
Zhejiang Jinko Solar Co., Ltd., No. 58 Yuanxi Road, Yunahua Industrial
Park, Yuanhua Town, Haining City, 314416, China
Jinko Solar Technology Sdn. Bhd., 14A Jalan Tun Mohd Fuad, Taman Tun Dr
Ismail, Kuala Lumpur, Wilaya, 60000, Persekutuan, Malaysia
LONGi Solar Technology Co., Ltd., No. 8369 Shangyuan Road, Caotan
Shengtai Industrial Park, Xi'an Economic and Technological Development
Zone, Xi'an, Shaanxi, 710018, China
LONGi Green Energy Technology Co., Ltd., 388 Hangtian Middle Road,
Chang'An District, Xi'an, Shaanxi, 710100, China
LONGi (H.K.) Trading Ltd., 11/F, Capital Centre, 151 Gloucester Road,
Wanchai, 00000, Hong Kong
LONGi (Kuching) Sdn. Bhd., Lot 2118 Jalan Usaha Jaya, Sama Jaya Free
Industrial Zone, Kuching, Sarawak, 93350, Malaysia
Taizhou LONGi Solar Technology Ltd., No. 268 Xingtai South Road,
Taizhou, Jiangsu, 225300, China
Zhejiang LONGi Solar Technology Ltd., No. 2 Bailing Middle Road,
Donggang Industrial Function Area, Economic Development Zone, Quzhou,
Zhejiang, 324000, China
Hefei LONGi Solar Technology Ltd., S1 Workshop, No. 888 Changning
Avenue, High-Tech Zone, Hefei, Anhui, 230088, China
LONGi Solar Technology (U.S.) Inc., 2603 Camino Ramon, Suite 423, San
Ramon, CA 94583
REC Solar Holdings AS, Dramrnensveien 169, Oslo, 0277, Norway
REC Solar Pte. Ltd., 20 Tuas South Ave. l4, Tuas, 637312, Singapore
REC Americas, LLC, 1820 Gateway Drive, Suite #170, San Mateo, CA 94404
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) 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(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.
By order of the Commission.
Issued: April 3, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-06942 Filed 4-8-19; 8:45 am]
BILLING CODE P
