[Federal Register Volume 84, Number 213 (Monday, November 4, 2019)]
[Notices]
[Pages 59415-59416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23989]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1181]
Certain Lithium-Ion Battery Cells, Battery Modules, Battery
Packs, Components Thereof, and Products Containing the Same;
Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on September 26, 2019, under
section 337 of the Tariff Act of 1930, as amended, on behalf of LG
Chem, Ltd. of the Republic of Korea; LG Chem Michigan Inc. of Holland,
Michigan; and Toray Industries, Inc. of Japan. A supplement was filed
on September 27, 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 lithium-ion battery cells, battery
modules, battery packs, components thereof (including battery
separators and powderous electrode active material), and vehicles
containing same by reason of infringement of certain claims of U.S.
Patent No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241
(``the '241 patent''); U.S. Patent No. 7,709,152 (``the '152 patent'');
and U.S. Patent No. 7,771,877 (``the '877 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: Katherine Hiner, Office of Docket
Services, U.S. International Trade Commission, telephone (202) 205-
1802.
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 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 28, 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 1, 2, 5-15, and 18 of the '517 patent; claims 1-5, 9-12, 14-31,
and 33-36 of the '241 patent; claims 1-13 and 16-20 of the '152 patent;
and claims 1-7, 18, 20-21, and 23-26 of the '877 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 ``lithium-ion battery
cells, battery modules, battery packs, components thereof (including
battery separators and powderous electrode active material), and
vehicles containing the same'';
(3) 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 complainants are:
LG Chem, Ltd., LG Twin Towers, 128 Yeoui-daero, Yeongdeungpo-gu, Seoul
07336, Republic of Korea
LG Chem Michigan Inc., 1 LG Way, Holland, MI 49423
Toray Industries, Inc., Nihonbashi Mitsui Tower, 1-1, Nihonbashi-
Muromachi, 2-chome, Chuo-ku, Tokyo 103-0022, Japan
(b) The respondents are the following entities alleged to be in
violation of section 337, and is/are the parties upon which the
complaint is to be served:
SK Innovation Co., Ltd., 26 Jongno-gu, Jongno-gu, Seoul 03188, Republic
of Korea
SK Battery America, Inc., 201 17th Street NW, Suite 1700, Atlanta, GA
30363
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission,
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shall designate the presiding Administrative Law Judge.
The Office of Unfair Import Investigations will not participate as
a party in this investigation.
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: October 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-23989 Filed 11-1-19; 8:45 am]
BILLING CODE 7020-02-P