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HOME > Final Determination of United States International Trade Commission On Legality of U.S. Imports of MHI's 2.4 MW Wind Turbines
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January 09, 2010

Mitsubishi Heavy Industries, Ltd.

Final Determination of United States International Trade Commission
On Legality of U.S. Imports of MHI's 2.4 MW Wind Turbines

As announced in our previous notice dated August 8, 2009, the Administrative Law Judge (ALJ) at the United States International Trade Commission (USITC) issued an Initial Determination (ID) that importation of 2.4 MW (megawatt) wind turbines manufactured by Mitsubishi Heavy Industries, Ltd. (MHI) violated Section 337 of the U.S. Tariff Act of 1930. Subsequently both MHI and General Electric filed a petition for review of the ID by the USITC. On January 8 (U.S. local time), the USITC issued a notice of Termination of Investigation with Final Determination of No Violation (Notice).

1. Background

- February 27, 2008:
General Electric Company (GE) filed a complaint with the USITC alleging that MHI's 2.4 MW variable-speed wind turbines infringed two patents owned by GE and thus violated Section 337 of the U.S. Tariff Act of 1930. GE later amended its complaint to allege infringement of a third patent also owned by the company. The complaint named MHI; Mitsubishi Heavy Industries America, Inc. (MHIA)*1; and Mitsubishi Power Systems Americas, Inc. (MPSA)*2 as the respondents of the investigation.
- August 7, 2009:
The USITC ALJ issued an ID finding MHI's wind turbines in question infringed all three GE patents and violated Section 337 with regard to two patents. No violation of Section 337 was ruled concerning the remaining patent because GE has not actually used the patent in the U.S.
- October 8, 2009:
The USITC determined to review the ID by the ALJ.
- January 8, 2010:
The USITC issued the Notice.

2. Final Determination by the USITC

The USITC determined to terminate the investigation with a final determination of no violation.

3. Future Perspective on This Matter

MHI is pleased with the Notice and will continue to import its MHI's 2.4 MW variable-speed wind turbines into the United States.

Notes:

1.
Mitsubishi Heavy Industries America, Inc. (MHIA) is a U.S. subsidiary of MHI.
2.
Mitsubishi Power Systems Americas, Inc. (MPSA) is a subsidiary of MHIA that serves as MHI's power systems operation base in the U.S.

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December 19, 2009 :

November 25, 2009 :

August 8, 2009 :

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