Notice2021-14080
Certain Pouch-Type Battery Cells, Battery Modules, and Battery Packs, Components Thereof, and Products Containing the Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation
Primary source
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Published
July 1, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission (``Commission'') has determined not to review an initial determination (``ID'') (Order No. 74) of the presiding chief administrative law judge (``CALJ'') granting a joint motion to terminate the investigation on the basis of a settlement agreement. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 86 Issue 124 (Thursday, July 1, 2021)</title>
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[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35130-35131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14080]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1179]
Certain Pouch-Type Battery Cells, Battery Modules, and Battery
Packs, Components Thereof, and Products Containing the Same; Commission
Determination Not To Review an Initial Determination Granting a Joint
Motion To Terminate the Investigation on the Basis of a Settlement
Agreement; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 74) of the presiding chief
administrative law judge (``CALJ'') granting a joint motion to
terminate the investigation on the basis of a settlement agreement. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2392. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#88cdccc1dbbbc0ede4f8c8fdfbe1fceba6efe7fe"><span class="__cf_email__" data-cfemail="d792939e84e49fb2bba797a2a4bea3b4f9b0b8a1">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337'') on October 9, 2019, based on a complaint filed by SK
Innovation Co., Ltd. of Seoul, Republic of Korea and SK Battery
America, Inc. of Atlanta, Georgia (collectively, ``SK''). 84 FR 54173-
74 (Oct. 9, 2019). The complaint alleges a violation 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 pouch-type battery cells, battery modules, and battery packs,
components thereof, and products containing the same by reason of
infringement of claims 1-36 of U.S. Patent No. 10,121,994 (``the '994
patent''). The complaint named as respondents LG Chem, Ltd. of Seoul,
Republic of Korea, and LG Chem Michigan, Inc. of Holland, Michigan
(collectively, ``LG''). The Commission's Office of Unfair Import
Investigations (``OUII'') also was named as a party. Subsequently, the
investigation was terminated in part based on withdrawal of the
complaint as to claims 8, 9, 17, 26, 27, and 35 of the '994 patent.
Order No. 23 (March 25, 2020), unreviewed by Notice (Apr. 22, 2020).
Further, the Commission determined that the economic prong of the
domestic industry is satisfied. Order No. 51 (Dec. 14, 2020), reviewed,
and on review, affirmed with modified reasoning by Notice (Jan. 14,
2021). Also, the Commission determined to allow complainants: (1) To
amend the complaint and notice of investigation to reflect the
respondents' corporate reorganization and (2) to withdraw allegations
concerning certain claims of the '994 patent from the complaint. Order
No. 53 (Jan. 11, 2021), unreviewed by 86 FR 9368-69 (Feb. 12, 2021).
On May 25, 2021, complainants SK and respondents LG (together, the
``Private Parties'') moved jointly to terminate the investigation on
the basis of a settlement agreement
[[Page 35131]]
(``Agreement''). On May 27, 2021, OUII filed a response in support of
the joint motion. On May 28, 2021, the Private Parties were directed to
file a revised public version of the Agreement. Order No. 73. Pursuant
to Order No. 73, the Private Parties filed a revised public version of
the Agreement on June 1, 2021.
On June 2, 2021, the CALJ issued the subject ID granting the
subject motion. The ID finds that the Agreement completely resolves the
dispute as to the Private Parties. The ID also finds that consistent
with Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Private
Parties aver that there are no other agreements, written or oral,
express or implied, between them concerning the subject matter of this
investigation. ID at 2 (citing Mot. at 2). The ID also finds that
termination of this investigation does not impose any undue burdens on
the public health and welfare, competitive conditions in the United
States economy, production of like or directly competitive articles in
the United States, or United States consumers. Id.; see 19 CFR
210.50(b)(2). No party petitioned for review of the ID.
The Commission has determined not to review the subject ID. The
investigation is terminated in its entirety.
The Commission vote for this determination took place on June 25,
2021.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: June 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14080 Filed 6-30-21; 8:45 am]
BILLING CODE 7020-02-P
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