[Federal Register Volume 86, Number 28 (Friday, February 12, 2021)]
[Notices]
[Pages 9368-9369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02878]


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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 
Complainants' Motion To Amend the Complaint and Notice of Investigation 
and Terminate the Investigation as to Certain Claims Based on 
Withdrawal of the Complaint

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. 53) of the presiding chief 
administrative law judge (``CALJ'') granting complainants' corrected 
motion (1) for leave to amend the complaint and notice of investigation 
to reflect the respondents' corporate reorganization and (2) to 
withdraw allegations concerning certain claims of U.S. Patent No. 
10,121,994 (``the '994 patent'') from the complaint.

[[Page 9369]]


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 
<a href="/cdn-cgi/l/email-protection#41040508127209242d310134322835226f262e37"><span class="__cf_email__" data-cfemail="5f1a1b160c6c173a332f1f2a2c362b3c71383029">[email protected]</span></a>. 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 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).
    On January 4, 2021, SK filed a corrected motion for leave to amend 
the complaint and notice of investigation to reflect a reorganization 
of respondent LG Chem, Ltd. (``LGC'') in which (i) certain business 
functions were transferred to a newly created subsidiary named LG 
Energy Solution, Ltd., and (ii) respondent LG Chem Michigan Inc. was 
renamed LG Energy Solution Michigan, Inc. SK also moved to terminate 
the investigation in part with respect to claims 1, 2, 4, 7, 10-14, 16, 
18, 21, 23, 28, 29-32, 34, and 36 of the '994 patent based on 
withdrawal of the allegations in the complaint as to those claims. 
Respondents did not oppose the motion. Mot. at 3. On January 6, 2021, 
OUII advised the presiding CALJ that it does not object to the motion 
and will not be filing a response.
    On January 11, 2021, the CALJ issued the subject ID granting SK's 
motion pursuant to Commission Rules 210.14(b) and 210.21(a)(1), 19 CFR 
210.14(b), 210.21(a)(1). The ID finds that good cause exists for 
amending the complaint and notice of investigation due to the recent 
change in corporate structure. ID at 2. The ID finds that amending the 
complaint and notice of investigation to reflect LGC's recent corporate 
reorganization will aid in the development of this investigation and 
serve the public interest by apprising the public of the correct 
entities involved. The ID finds that the proposed amendments do not 
unnecessarily prejudice the public interest or the rights of the 
parties to the investigation. The ID further finds that no 
extraordinary circumstances exist that would prevent the requested 
partial termination of this investigation. Id. at 4. No party 
petitioned for review of the ID.
    The Commission has determined not to review the subject ID. Claims 
1, 2, 4, 7, 10-14, 16, 18, 21, 23, 28, 29-32, 34, and 36 of the '994 
patent are terminated from this investigation.
    The Commission vote for this determination took place on February 
8, 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: February 8, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-02878 Filed 2-11-21; 8:45 am]
BILLING CODE 7020-02-P


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