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Oct·Cl2·2009
0147
PM
Senator
Ron
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WASHINGTON, DC 20510
October 2,2009
The
Honorable
Shara
L
Aranoff
Chairman,
U.S.
International
TradeCommission
The
HonorableDaniel
R.
Pearson
Vice
Chairman,
U.S.
InternatIonal
Trade Commission
The
Honorable
Charlotte
R.
Lane
Commissioner,
U.S.
International
Trade Commission
The
Honorable
Irving
A.
WIlliamson
CommIssioner.
U.S.
International
Trade
Commission
The
Honorable
Dean
A.
Plnkert
CommissIoner,
U.S.
International
Trade Commission
sao
E
Street,
S.W.
WashIngton,
DC
20436
Dear
Chairman
Aranoff,
Vice
Charman Pearson
and
Commissionars:
Wehave
a strong interest
In
the
rapid
development
and
deployment
of
energy produced fromrenewable
sources.
Electricity produced from wind
Is
an
Increasingly Important component of
our
nation's electricity supply. According
to
a
June,2009
ITC
paper, annual
installed capacity
has
Increased
more than
sao
percent over the last five
years,
and
In
recent
years
accounts
for
more
than
30
percent of
capacity
additions.
The
proliferation
of
innovative technologies
In
the wind energy sector
is
a
basis
forour ability to diversify our nation's
sources
for electricity
in
order to meet our economic
and
environmental
goals.We
write
In
regards
to the current
ITC
investigation of certain variable
speed
wind
turbinetechnology
in accordance
with
sectIon
337
of the TarIff Act of
1930
(337-TA-641).
As
youknow,
!l
section
337
investigation Into whether
an
Imported
Item
Infringes
upon
a
U.S.
patent
begins
with
an
investigatIon
by
an
Administrative
Law
Judge
(AU)
and
an
investigative attorney from the
lTC's
Office
ofUnfair Import Investigations
(OUII).
The
OUIl
attorney
provides
views
to the
AU
and
represents the
public
interest during the investigatIon.
Under section
337,
the
ITC
Is
ultimately empowered to
stop
theimport
of
a
good
that Infringes
upon
a
U.S.
patent but
In
consideratIon
of
whether to
use
this power It
Is
required to consider
the
Impact
of
such
a
decision
on
the economy
and
the public's welfare -
the public
Interest.
Our
understanding
of
the InitIal Determination
advanced
by
the
AU
In
the
wind turbine
case
is
that
it
concluded
certain imported wind turbine technology infringes
upon
U.S.
patents. It
is
our
understanding
that this determination, however.
is
contrary to the
views
of
the
OUII
attorney
assigned
to
this
case.
The
choice
now before the
Commission
is
whether to review the AU's determination
and
then
decideon
the appropriate
course
of action.
OCT-02-2009 14:112022282717
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