05
May
By Eric Schweibenz
On April 21, 2009, the U.S. International Trade Commission issued a Notice determining not to review the April 2, 2009 Initial Determination (“ID”) issued by Administrative Law Judge Carl C. Charneski in Certain Variable Speed Wind Turbines and Components Thereof (Inv. No. 337-TA-641).

The investigation was instituted on March 31, 2008, based on the complaint of General Electric Co (“GE”).  The respondents are Mitsubishi Heavy Industries, Ltd., Mitsubishi Heavy Industries of America, Inc., and Mitsubishi Power Systems Americas, Inc (collectively, “MHI”).

On December 4, 2008, GE filed a motion for summary determination that it satisfied the economic prong of the domestic industry requirement.  On January 26, 2009, MHI filed a response in opposition to the motion.  On March 2, 2009, the Commission Investigative Staff filed a response in support of the motion.

On April 2, 2009, ALJ Charneski issued his ID, granting GE’s motion and finding that GE satisfied the economic prong of the domestic industry requirement.  No petitions for review were filed.  The Commission provided notice on April 21, 2009, that it would not review the ID.
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