[Federal Register Volume 86, Number 120 (Friday, June 25, 2021)]
[Notices]
[Pages 33737-33738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13574]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1159 (Rescission)]


Commission Decision To Institute a Rescission Proceeding; 
Permanent Rescission of a Limited Exclusion Order and Cease and Desist 
Orders; Termination of the Rescission Proceeding; Certain Lithium Ion 
Batteries, Battery Cells, Battery Modules, Battery Packs, Components 
Thereof, and Processes Therefor

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to institute a proceeding to determine 
whether to permanently rescind the Commission's limited exclusion order 
(``LEO'') and cease and desist orders (``CDOs'') issued on February 10, 
2021. The Commission has determined to permanently rescind the LEO and 
CDOs. The rescission proceeding is terminated.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.usitc.gov. 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 
on June 4, 2019, based on a complaint filed on behalf of LG Chem, Ltd. 
of Seoul, Republic of Korea and LG Chem Michigan, Inc. of Holland, 
Michigan. 84 FR 25858 (June 4, 2019). As a result of a corporate 
reorganization, the complainants are now LG Chem, Ltd. of Seoul, 
Republic of Korea, LG Energy Solution, Ltd. of Seoul, Republic of 
Korea, and LG Energy Solution Michigan, Inc. (collectively, 
``complainants'' or ``LG''). The complaint, as supplemented, alleges 
violations of section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the importation and sale of

[[Page 33738]]

certain lithium ion batteries, battery cells, battery modules, battery 
packs, components thereof, and processes therefor by reason of 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure an industry in the United States, under 
subsection (a)(1)(A) of section 337. The complaint, as supplemented, 
names SK Innovation Co., Ltd. of Seoul, Republic of Korea and SK 
Battery America, Inc. of Atlanta, Georgia as the respondents 
(collectively, ``respondents'' or ``SK''). The Office of Unfair Import 
Investigations (``OUII'') was also named as a party in this 
investigation.
    On February 14, 2020, the administrative law judge issued an 
initial determination (``ID'') (Order No. 34) finding that the 
respondents spoliated evidence, and that the appropriate remedy is to 
find the respondents in default.
    On April 17, 2020, the Commission determined to review the ID in 
its entirety. 85 FR 22,753 (Apr. 23, 2020) (``Notice of Review''). The 
Notice of Review requested that the parties brief certain issues and 
sought briefing from the parties, interested government agencies, and 
any other interested parties on remedy, the public interest, and 
bonding.
    On February 10, 2021, the Commission affirmed the ID's finding of 
default, thus finding a violation of section 337. The Commission issued 
an LEO and two CDOs, all of which were tailored to accommodate public 
interest considerations raised by the parties to the investigation and 
by non-parties.
    On May 24, 2021, SK filed a petition to rescind the LEO and CDOs on 
the basis of settlement. LG did not oppose the petition, and on June 3, 
2021, OUII filed a response in support of the petition. Also, on June 
3, 2021, SK filed a supplemental submission that provided a modified 
public version of the settlement agreement.
    The Commission has determined that the petition, as supplemented, 
complies with Commission rules, see 19 CFR 210.76(a)(3), and that there 
are no extraordinary reasons to deny rescission of the remedial orders. 
Accordingly, the Commission has determined to institute a rescission 
proceeding and to permanently rescind the LEO and the CDOs. The 
rescission proceeding is hereby terminated.
    The Commission's vote on this determination took place on June 21, 
2021. The LEO and CDOs are permanently rescinded.
    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 22, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-13574 Filed 6-24-21; 8:45 am]
BILLING CODE 7020-02-P