[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56265-56266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25624]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1087]


Certain Batteries and Electrochemical Devices Containing 
Composite Separators, Components Thereof, and Products Containing 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 October 25, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. 
of South Korea; LG Chem Michigan Inc. of Holland Michigan; LG Chem 
Power Inc. of Troy, Michigan; and Toray Industries, Inc. of Japan. A 
supplement was filed on November 15, 2017. 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 batteries and electrochemical devices 
containing composite separators, components thereof, and products 
containing same by reason of infringement of one or more of U.S. Patent 
No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the 
'241 patent''); and U.S. Patent No. 7,709,152 (``the '152 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 a cease and desist order.

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: The Office of Docket Services, U.S. 
International Trade Commission, Katherine M. Hiner, Docket Services, 
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 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 21, 2017, 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 batteries 
and electrochemical devices containing composite separators, components 
thereof, and products containing same 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; and claims 1-13 and 16-20 of 
the '152 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) 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, South Korea
LG Chem Michigan Inc., 1 LG Way, Holland, MI 49423
LG Chem Power Inc., 1857 Technology Drive, Troy, MI 48083
Toray Industries, Inc., Nihonbashi Mitsui Tower, 1-1, Nihonbashi-
Muromachi 2-chome, Chuo-ku, Tokyo, Japan

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Amperex Technology Limited, 3503 Wharf Cable TV Tower, 9 Hoi Shing 
Road, Tsuen Wan N.T., Hong Kong
DJI Technology Co., Ltd., 14th Floor, West Wing, Skyworth, 
Semiconductor Design Building, No. 18, Gaoxin South 4th Ave, Nanshan 
District, 518057 Shenzhen, China
DJI Technology, Inc., 201 S Victory Boulevard, Burbank, CA 91502
Guangdong OPPO Mobile, Telecommunications Corp., Ltd., 18 Haibin Road, 
Wusha, Chang'An Town, Dongguan, 523850, Guangdong, China
OPPO Digital, Inc., 162 Constitution Drive, Menlo Park, CA 94025

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, 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

[[Page 56266]]

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: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25624 Filed 11-27-17; 8:45 am]
 BILLING CODE 7020-02-P