[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Notices]
[Pages 25828-25829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11547]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1159]
Certain Lithium Ion Batteries, Battery Cells, Battery Modules,
Battery Packs, Components Thereof, and Processes Therefor; 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 April 29, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd.
of South Korea and LG Chem Michigan, Inc. of Holland, Michigan.
Supplements were filed on May 13, and 15, 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
batteries, battery cells, battery modules, battery packs, components
thereof, and processes therefor by reason of the misappropriation of
trade secrets, the threat or effect of which is to destroy or
substantially injure an industry in the United States.
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
[[Page 25829]]
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: 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 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 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)(A) of section 337 in the
importation into the United States or the sale within the United States
after importation of certain products identified in paragraph (2) by
reason of the misappropriation of trade secrets, the threat or effect
of which is to substantially injure an industry in the United States;
(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, battery cells, battery modules, battery packs, components
thereof, and processes therefor'';
(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., 128 Yeoui-daero, Yeongdeungpo-gu, Seoul 07336, Republic
of Korea
LG Chem Michigan, Inc., 1 LG Way, Holland, MI 49423
(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:
SK Innovation Co., Ltd., 26 Jong-Ro, Jongno-Gu, Seoul 03188, Republic
of Korea
SK Battery America, Inc., 201 17th Street NW, Suite 1700, Atlanta, GA
30363
(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), 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: May 29, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-11547 Filed 6-3-19; 8:45 am]
BILLING CODE 7020-02-P