Notice2026-02075
Certain Rechargeable Batteries and Components Thereof; Notice of a Commission Determination To Issue a Limited Exclusion Order; Termination of Investigation
Primary source
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Published
February 2, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to issue a limited exclusion order ("LEO") barring entry of certain rechargeable batteries and components thereof by or on behalf of respondent Shenzhen Yichen S- Power Tech Co. LTD ("Yichen") of Shenzhen, China previously found to be in default. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Notices]
[Pages 4631-4632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02075]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1421]
Certain Rechargeable Batteries and Components Thereof; Notice of
a Commission Determination To Issue a Limited Exclusion Order;
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 to issue a limited exclusion
order (``LEO'') barring entry of certain rechargeable batteries and
components thereof by or on behalf of respondent Shenzhen Yichen S-
Power Tech Co. LTD (``Yichen'') of Shenzhen, China previously found to
be in default. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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#5510111c06661d3039251520263c21367b323a23"><span class="__cf_email__" data-cfemail="094c4d405a3a416c6579497c7a607d6a276e667f">[email protected]</span></a>. General information concerning the
[[Page 4632]]
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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 21, 2024, the Commission
instituted the investigation based on a complaint filed by complainants
LithiumHub, LLC of Norris, SC, Lithiumhub Technologies, LLC of
Marshall, TX, and Martin Koebler of Norris, SC (collectively,
``Lithiumhub''). 89 FR 84194-95 (Oct. 21, 2024). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended, 19 U.S.C. 1337 (``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 Nos. 9,412,994 and 9,954,207 (the
``Asserted Patents''). The Commission's notice of investigation
(``NOI'') named the following respondents: Yichen; Clean Republic SODO
LLC (``Dakota'') of Seattle, WA; Shenzhen Fbtech Electronics LTD
(``Fbtech Electronics'') of Shenzhen, China; Shenzhen LiTime Technology
Co., LTD (``LiTime Technology'') of Shenzhen, China; MillerTech Energy
Solutions LLC (``MillerTech Energy'') of Middlefield, OH; Relion
Battery (Shenzhen) Technology Co. (``Relion'') of Shenzhen, China;
Renogy New Energy Co., Ltd. (``Renogy'') of Suzhou City, China; RNG
International Inc. (``RNG'') of Ontario, CA; Navico Group Americas, LLC
(``Navico'') of Menomonee Falls, WI; Dragonfly Energy Corp. and
Dragonfly Energy Holdings Corp. (collectively, ``Dragonfly''), both of
Reno, NV; Bass Pro Outdoor World LLC of Springfield, MO; and Cabela's
LLC of Springfield, MO. Id. The Office of Unfair Import Investigations
(``OUII'') was also named as a party in this investigation. Id.
On February 3, 2025, the Commission found Yichen to be in default.
See Order No. 11 (Jan. 8, 2025), unreviewed by Comm'n Notice (Feb. 3,
2025).
On May 29, 2025, Lithiumhub filed a ``Declaration Seeking Immediate
Relief'' against defaulting respondent Yichen, pursuant to Commission
Rule 210.16(c)(1) (19 CFR 210.16(c)(1)). The declaration requests entry
of a limited exclusion order (``LEO'') and a cease and desist order
(``CDO'') against Yichen.
The Commission terminated the remaining respondents based on
settlement agreements. See Order No. 19 (March 21, 2025), unreviewed by
Comm'n Notice (April 21, 2025) (Dragonfly); Order No. 25 (April 29,
2025), unreviewed by Comm'n Notice (May 20, 2025) (Navico); Order Nos.
30 and 31 (June 2, 2025), unreviewed by Comm'n Notice (June 20, 2025)
(Relion, Renogy, and RNG); Order Nos. 34-37, unreviewed by Comm'n
Notice (Aug. 4, 2025) (Dakota, MillerTech Energy, Fbtech Electronics
and LiTime Technology); Order No. 38 (July 22, 2025), unreviewed by
Comm'n Notice, 90 FR 40396-98 (Aug. 19, 2025) (Bass Pro).
In its notice determining not to review Order No. 38 (the ``Remedy
Notice'') terminating the last remaining respondents, the Commission
asked parties to the investigation, interested government agencies, and
any other interested parties to file written submissions on the issues
of remedy, the public interest, and bonding with respect to defaulting
respondent Yichen. 90 FR at 40397-98. On August 27, 2025, Lithiumhub
filed a written submission, requesting the Commission to issue an LEO
and a CDO against Yichen. On September 4, 2025, OUII filed a reply to
Lithiumhub's submission, supporting entry of an LEO but opposing entry
of a CDO. The Commission received no other written submissions in
response to the Remedy Notice.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue an LEO or a CDO or both against a respondent
found in default, based on the allegations regarding a violation of
section 337 in the Complaint, which are presumed to be true, unless
after consideration of the public interest factors in section
337(g)(1), it finds that such relief should not issue.
Having examined the record of this investigation, including the
Complainants' submission in response to the Remedy Notice, the
Commission has determined, pursuant to section 337(g)(1) (19 U.S.C.
1337(g)(1)), that the appropriate remedy in this investigation is an
LEO prohibiting the unlicensed entry of certain rechargeable batteries
and components thereof by reason of the infringement of certain claims
of the Asserted Patents. The Commission has determined that the public
interest factors enumerated in subsection 337(g)(1) do not preclude the
issuance of the requested LEO. The Commission has determined not to
issue the requested CDO against Yichen because of the lack of evidence
or allegations that Yichen maintains commercially significant
inventories and/or engages in significant commercial operations in the
United States.\1\
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\1\ Chair Karpel concurs with the issuance of an LEO barring the
unlicensed entry of certain rechargeable batteries and components
thereof by reason of the infringement of certain claims of the
Asserted Patents. In addition, she would have issued a cease and
desist order directed to Yichen regardless of domestic business
operations or inventories, pursuant to section 337(g)(1). As noted
above, in this investigation, the conditions in section
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) have been satisfied.
Specifically, Yichen was served with the complaint and notice of
investigation. Upon Yichen's failure to respond to the complaint and
notice of investigation, the presiding ALJ ordered respondent Yichen
to show cause as to why it should not be found in default. Order No.
9 (Dec. 19, 2024). Yichen failed to respond to the order to show
cause and was found in default. See Order No. 11 (Jan. 8, 2025),
unreviewed by Comm'n Notice (Feb. 3, 2025). Thus, the conditions of
section 337(g)(1)(A)-(D) are satisfied. Finally, Complainants
explicitly requested both an LEO and a CDO directed to Yichen,
thereby meeting the requirement of section 337(g)(1)(E).
Accordingly, section 337(g)(1) and Commission Rule 210.16(c) (19 CFR
210.16(c)) direct the Commission, upon complainants' request, to
issue both the LEO and CDO against Yichen. Chair Karpel further
finds that the public interest does not preclude the issuance of a
CDO directed to Yichen.
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The Commission has further determined to set a bond pursuant to
section 337(j) (19 U.S.C. 1337(j)) of one hundred percent (100%) of the
entered value of the infringing articles imported during the period of
Presidential review that are subject to the LEO.
The investigation is terminated.
The Commission's vote for this determination took place on January
29, 2026.
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: January 29, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-02075 Filed 1-30-26; 8:45 am]
BILLING CODE 7020-02-P
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