Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation Based Upon Settlement; Termination of the Investigation

• Citation: 84 FR 6158
• Published date: 26 February 2019
• Pages: 6158-6159
• FR Document: 2019-03294
• Section: Notices
• Issuer: International Trade Commission

Federal Register, Volume 84 Issue 38 (Tuesday, February 26, 2019)

[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
                [Notices]
                [Pages 6158-6159]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-03294]
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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;
                Commission Determination Not To Review an Initial Determination
                Granting a Joint Motion To Terminate the Investigation Based Upon
                Settlement; Termination of the 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 has determined not to review an initial determination
                (``ID'') (Order No. 42) of the presiding administrative law judge
                (``ALJ'') granting a joint motion to terminate the investigation based
                upon settlement. The investigation is terminated.
                FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
                Counsel, U.S. International Trade Commission, 500 E Street SW,
                Washington, DC 20436, telephone (202) 708-4716. Copies of non-
                confidential documents filed in connection with this investigation are
                or will be 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, Washington, DC 20436,
                telephone (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.
                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 November 28, 2017, based on a complaint, as supplemented, filed by
                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. See 82 FR 56265 (Nov. 28, 2017). 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
                [[Page 6159]]
                importation of certain batteries and electrochemical devices containing
                composite separators, components thereof, and products containing same,
                by reason of infringement of certain claims of U.S. Patent No.
                7,662,517; U.S. Patent No. 7,638,241; and U.S. Patent No. 7,709,152.
                See id. The notice of investigation names Amperex Technology Limited of
                Hong Kong; DJI Technology Co., Ltd. of Shenzhen, China; DJI Technology,
                Inc. of Burbank, California; Guangdong OPPO Mobile, Telecommunications
                Corp., Ltd. of Guangdong, China; and OPPO Digital, Inc. of Menlo Park,
                California, as respondents in this investigation. See id. The Office of
                Unfair Import Investigations is not a party to this investigation. See
                id.
                 On January 30, 2019, the parties filed a joint motion to terminate
                the investigation based on settlement. On February 4, 2019, the ALJ
                issued the subject ID (Order No. 42) granting the joint motion. The ID
                finds that ``[c]onsistent with Commission rule 210.21(b), the parties
                have filed confidential and public versions of the settlement
                agreement'' and that ``the parties state that `[t]here are no other
                agreements, written or oral, express or implied, between the parties
                concerning the subject matter of the Investigation.' '' See ID at 1-2
                (citing 19 CFR 210.2l(b)(1)). The ID also considers the public interest
                under Commission Rule 210.50(b)(2), 19 CFR 210.50(b)(2), and finds ``no
                evidence . . . indicating that terminating this investigation on the
                basis of settlement would adversely affect the public health and
                welfare, competitive conditions in the United States economy, the
                production of like or directly competitive articles in the United
                States, or United States consumers.'' See ID at 2.
                 No petition for review of the subject ID was filed. The Commission
                has determined not to review the ID. The investigation is terminated.
                 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: February 21, 2019.
                Lisa Barton,
                Secretary to the Commission.
                [FR Doc. 2019-03294 Filed 2-25-19; 8:45 am]
                 BILLING CODE 7020-02-P