International Trade Commission ruling favors Mitsubishi

The U.S. International Trade Commission has ruled in favor of Mitsubishi Heavy Industries in a complaint filed by General Electric against Mitsubishi.

The GE complaint was first filed Feb. 7, 2008, in which GE claimed Mitsubishi is in violation of the Tariff Act of 1930 for importing “certain variable speed wind turbines and components” that infringe upon GE patent holdings.

A decision on the matter has been closely watched in Fort Smith following Mitsubishi’s announcement to move a large wind turbine manufacturing and assembly operation to the area. Mitsubishi Power Systems Americas announced Oct. 16 its plans to build a $100 million wind turbine manufacturing plant on 90 acres at Fort Chaffee that will employ up to 400 once fully operational. Construction on the 200,000-square-foot building is set to begin in early 2011. The Fort Smith plant would manufacture certain components and assemble large turbine components made in Japan.

In a Dec. 18 story on this issue, Fort Smith Regional Chamber of Commerce President Paul Harvel said Mitsubishi officials made them aware of the issue and assured him it would not alter their plans. Harvel also said if the ITC rules in Mitsubishi’s favor the plant may be built sooner than previously announced.

The six-person commission on Friday (Jan. 8) issued a brief statement that included the following: “Having reviewed the final ID (initial determination), the submissions on review, and the record, the Commission has determined to terminate the investigation with a final determination of no violation. A Commission opinion will issue shortly.”

No detailed opinion was issued Friday.

Susan Decker, a Bloomberg reporter who covers the ITC, told The City Wire that regardless of the ITC decision, the issue could for several years move between appeals, injunctions and various other legal moves.