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
| Published date | 25 June 2021 |
| Record Number | 2021-13574 |
| Section | Notices |
| Court | International Trade Commission |
Federal Register, Volume 86 Issue 120 (Friday, June 25, 2021)
[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]
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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.
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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
