[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35130-35131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14080]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1179]


Certain Pouch-Type Battery Cells, Battery Modules, and Battery 
Packs, Components Thereof, and Products Containing the Same; Commission 
Determination Not To Review an Initial Determination Granting a Joint 
Motion To Terminate the Investigation on the Basis of a Settlement 
Agreement; 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 not to review an initial 
determination (``ID'') (Order No. 74) of the presiding chief 
administrative law judge (``CALJ'') granting a joint motion to 
terminate the investigation on the basis of a settlement agreement. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2392. 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337'') on October 9, 2019, based on a complaint filed by SK 
Innovation Co., Ltd. of Seoul, Republic of Korea and SK Battery 
America, Inc. of Atlanta, Georgia (collectively, ``SK''). 84 FR 54173-
74 (Oct. 9, 2019). The complaint alleges a violation 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 pouch-type battery cells, battery modules, and battery packs, 
components thereof, and products containing the same by reason of 
infringement of claims 1-36 of U.S. Patent No. 10,121,994 (``the '994 
patent''). The complaint named as respondents LG Chem, Ltd. of Seoul, 
Republic of Korea, and LG Chem Michigan, Inc. of Holland, Michigan 
(collectively, ``LG''). The Commission's Office of Unfair Import 
Investigations (``OUII'') also was named as a party. Subsequently, the 
investigation was terminated in part based on withdrawal of the 
complaint as to claims 8, 9, 17, 26, 27, and 35 of the '994 patent. 
Order No. 23 (March 25, 2020), unreviewed by Notice (Apr. 22, 2020). 
Further, the Commission determined that the economic prong of the 
domestic industry is satisfied. Order No. 51 (Dec. 14, 2020), reviewed, 
and on review, affirmed with modified reasoning by Notice (Jan. 14, 
2021). Also, the Commission determined to allow complainants: (1) To 
amend the complaint and notice of investigation to reflect the 
respondents' corporate reorganization and (2) to withdraw allegations 
concerning certain claims of the '994 patent from the complaint. Order 
No. 53 (Jan. 11, 2021), unreviewed by 86 FR 9368-69 (Feb. 12, 2021).
    On May 25, 2021, complainants SK and respondents LG (together, the 
``Private Parties'') moved jointly to terminate the investigation on 
the basis of a settlement agreement

[[Page 35131]]

(``Agreement''). On May 27, 2021, OUII filed a response in support of 
the joint motion. On May 28, 2021, the Private Parties were directed to 
file a revised public version of the Agreement. Order No. 73. Pursuant 
to Order No. 73, the Private Parties filed a revised public version of 
the Agreement on June 1, 2021.
    On June 2, 2021, the CALJ issued the subject ID granting the 
subject motion. The ID finds that the Agreement completely resolves the 
dispute as to the Private Parties. The ID also finds that consistent 
with Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Private 
Parties aver that there are no other agreements, written or oral, 
express or implied, between them concerning the subject matter of this 
investigation. ID at 2 (citing Mot. at 2). The ID also finds that 
termination of this investigation does not impose any undue burdens on 
the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers. Id.; see 19 CFR 
210.50(b)(2). No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on June 25, 
2021.
    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 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14080 Filed 6-30-21; 8:45 am]
BILLING CODE 7020-02-P