[Federal Register Volume 90, Number 158 (Tuesday, August 19, 2025)]
[Notices]
[Pages 40396-40398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-15705]
=======================================================================
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1421]
Certain Rechargeable Batteries and Components and Packaging
Thereof; Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation as to the Last Active
Respondents Based on Settlement; Request for Briefing on Remedy, the
Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 38) issued by the presiding administrative law
judge (``ALJ'') granting a joint motion filed by complainants
LithiumHub, LLC of Norris, SC, Lithiumhub Technologies, LLC of
Marshall, TX, and Martin Koebler of Norris, SC (collectively,
``Lithiumhub'') and respondents Bass Pro Outdoor World LLC and Cabela's
LLC (collectively, ``Bass Pro''), both of Springfield, MO, to terminate
the investigation as to Bass Pro, the last active respondents, based on
a settlement agreement. The Commission requests submissions on remedy,
the public interest, and bonding concerning relief against defaulting
respondent Shenzhen Yichen S-Power Tech Co. LTD (``Shenzhen Yichen'')
of Shenzhen, China.
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 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, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On October 21, 2024, the Commission
instituted the investigation based on a complaint filed by LithiumHub.
89 FR 84194-95 (Oct. 21, 2024). The complaint alleges violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337,
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 Commission's notice of investigation (``NOI'') named the
following respondents: Bass Pro; Clean Republic SODO LLC (``Clean
Republic'') of Seattle, WA; MillerTech Energy Solutions LLC
(``MillerTech Energy'') of Middlefield, OH; Shenzhen Fbtech Electronics
Ltd. (``Fbtech Electronics'') of Shenzhen, China; and Shenzhen LiTime
Technology Co., Ltd. (``LiTime Technology'') of Shenzhen, China; 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; and Shenzhen Yichen. 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 Shenzhen Yichen to be in
default. See Order No. 11 (Jan. 8, 2025), unreviewed by Comm'n Notice
(Feb. 3, 2025).
The Commission previously terminated other respondents based on
settlement agreements. See Order No. 19 (Mar. 21, 2025), unreviewed by
Comm'n
[[Page 40397]]
Notice (Apr. 21, 2025) (Dragonfly); Order No. 25 (Apr. 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 to 37 (July 9, 2025), unreviewed by
Comm'n Notice (Aug. 4, 2025) (Clean Republic, MillerTech Energy, Fbtech
Electronics, and LiTime Technology).
On May 29, 2025, Lithiumhub filed a ``Declaration Seeking Immediate
Relief'' against defaulting respondent Shenzhen Yichen, pursuant to
Commission Rule 210.16(c)(1) (19 CFR 210.16(c)(1)). EDIS Doc. ID 852300
(May 29, 2025). The declaration requests entry of a limited exclusion
order and a cease and desist order against Shenzhen Yichen.
On July 10, 2025, Lithiumhub and Bass Pro filed a joint motion to
terminate Bass Pro from this investigation based on a settlement
agreement. On July 21, 2025, OUII filed a response in support of the
joint motion.
On July 22, 2025, the presiding ALJ issued the subject ID (Order
No. 38) pursuant to Commission Rule 210.21(b) (19 CFR 210.21(b)),
granting the joint motion to terminate Bass Pro. See ID at 4. The ID
finds that the motion included an unredacted version of the
confidential agreement. The ID also finds that the joint motion
includes the statement that ``there are no other agreements, written or
oral, express or implied between [complainants] and Bass Pro concerning
the subject matter of this Investigation.'' Id. at 2. Since Bass Pro is
the only remaining non-defaulting respondent in the investigation, the
ID terminates the investigation before the ALJ. Id. at 4. Order No. 38
also grants a request in the joint motion for limited service of the
unredacted settlement agreement. Id. at 3.
No party filed a petition for review of the subject ID.
The Commission has determined not to review the subject ID.
Respondents Bass Pro Outdoor World LLC and Cabela's LLC are hereby
terminated from the investigation.
In connection with the final disposition of this investigation as
to defaulting respondent Shenzhen Yichen, the statute authorizes
issuance of, inter alia, (1) an exclusion order that could result in
the exclusion of the subject articles from entry into the United
States; and/or (2) a cease and desist order that could result in the
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see Certain Devices for Connecting Computers via Telephone
Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10
(Dec. 1994).
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order
would have on: (1) the public health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S. production of articles that
are like or directly competitive with those that are subject to
investigation, and (4) U.S. consumers. The Commission is therefore
interested in receiving written submissions that address the
aforementioned public interest factors in the context of this
investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve,
disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. In their initial submission, Complainants are also
requested to identify the remedy sought and Complainants and OUII are
requested to submit proposed remedial orders for the Commission's
consideration. Complainants are further requested to state the dates
that the Asserted Patents expire, to provide the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. The initial written submissions and
proposed remedial orders must be filed no later than close of business
on August 28, 2025. Reply submissions must be filed no later than the
close of business on September 4, 2025. No further submissions on any
of these issues will be permitted unless otherwise ordered by the
Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1421) in a prominent place on the cover page and/or
the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf). Persons
with questions regarding filing should contact the Secretary, (202)
205-2000.
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. Any non-
party wishing to submit comments containing confidential information
must serve those comments on the parties to the investigation pursuant
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed with the
Commission and served on any parties to the investigation within two
business days of any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) by the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written
[[Page 40398]]
submissions will be available for public inspection on EDIS.
The Commission vote for this determination took place on August 14,
2025.
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: August 14, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-15705 Filed 8-18-25; 8:45 am]
BILLING CODE 7020-02-P