Notice2024-24285
Certain Rechargeable Batteries and Components Thereof; Notice of Institution of Investigation
Primary source
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Published
October 21, 2024
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 12, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of LithiumHub, LLC of Norris, South Carolina; Lithiumhub Technologies, LLC of Marshall, Texas; and Mr. Martin Koebler of Norris, South Carolina. Supplements to the complaint were filed on September 30, October 2, and October 7, 2024. The complaint 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 rechargeable batteries and components thereof by reason of the infringement of certain claims of U.S. Patent No. 9,412,994 ("the '994 patent") and U.S. Patent No. 9,954,207 ("the '207 patent"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 89 Issue 203 (Monday, October 21, 2024)</title>
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[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84194-84195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24285]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1421]
Certain Rechargeable Batteries and Components Thereof; Notice of
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 12, 2024, under
section 337 of the Tariff Act of 1930, as amended, on behalf of
LithiumHub, LLC of Norris, South Carolina; Lithiumhub Technologies, LLC
of Marshall, Texas; and Mr. Martin Koebler of Norris, South Carolina.
Supplements to the complaint were filed on September 30, October 2, and
October 7, 2024. The complaint 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
rechargeable batteries and components thereof by reason of the
infringement of certain claims of U.S. Patent No. 9,412,994 (``the '994
patent'') and U.S. Patent No. 9,954,207 (``the '207 patent''). The
complaint further alleges that an industry in the United States exists
or is in the process of being established as required by the applicable
Federal Statute. The complainant requests 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, 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#dd9899948eee95b8b1ad9da8aeb4a9bef3bab2ab"><span class="__cf_email__" data-cfemail="4207060b11710a272e320237312b36216c252d34">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2024).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on October 15, 2024, 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, 4-9, 11-16, and 18-23 of the '994 patent and claims 1-10 and
12-20 of the '207 patent, and whether an industry in the United States
exists or is in the process of being established 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
batteries with 6V or more electrical potential, and components used for
domestic assembly of lithium-ion batteries with 6V or more electrical
potential, specifically, battery management systems and lithium-based
rechargeable cells'';
(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:
LithiumHub, LLC, 125 Tate Road, Norris, SC 29667
Lithiumhub Technologies, LLC, 104 E Houston, Ste. 150, Marshall, TX
75670
Mr. Martin Koebler, 125 Tate Road, Norris, SC 29667
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Bass Pro Outdoor World LLC, 2500 East Kearney Street, Springfield, MO
65898
Cabela's LLC, 2500 East Kearney Street, Springfield, MO 65898
Navico Group Americas LLC, N85 W12545 Westbrook Crossing, Menomonee
Falls, WI 53051
Relion Battery (Shenzhen) Technology Co., Room 410, 4th Floor, Cui Hua
Da Industrial, Park, No. 144 Botanical Garden Road, Nanyu E Community,
Shenzhen, China
Renogy New Energy Co., LTD, 25A, Hengye Platinum, No. 1338, Sanxiang
Road, Gusu District, Suzhou City, Jiangsu, China
RNG International Inc., 5050 S Archibald Avenue, Ontario, CA 91762
Clean Republic SODO LLC, 225 S Lucile St., Seattle, WA 98108
Shenzhen Yichen S-Power Tech Co. LTD, Floor 7, Building B4b, Yingzhan
Industrial Zone, Longtian Community, Zehgzi Street, Pingshan District,
Shenzhen, China
Shenzhen Fbtech Electronics LTD, No 4-5, Fendmenyuan Industrial Park,
Fenfhuang Avenue, Longgang Shenzhen, Guangdong, China
Shenzhen LiTime Technology Co., LTD, Room 301, Building B, Baolong 5th
Road, Baolong Community, Baolong Street, Shenzhen, Guangdong, China
Dragonfly Energy Corp., 1190 Trademark Dr. #108, Reno, NV 89521
Dragonfly Energy Holdings Corp., 1190 Trademark Dr. #108, Reno, NV
89521
MillerTech Energy Solutions LLC, 14632 Old State Road, Middlefield, OH
44062
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
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), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for
[[Page 84195]]
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 16, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-24285 Filed 10-18-24; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on October 21, 2024.
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