9952 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 

By order of the Commission. 

Issued: February 10, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–03100 Filed 2–16–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1159] 

Certain Lithium Ion Batteries, Battery 

Cells, Battery Modules, Battery Packs, 

Components Thereof, and Processes 

Therefor; Commission Decision 

Finding a Violation of Section 337; 

Issuance of a Limited Exclusion Order 

and Cease and Desist Orders; 

Termination of the Investigation 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to affirm 

the presiding administrative law judge’s 

(‘‘ALJ’s’’) initial determination (‘‘ID’’) 

(Order No. 34) finding a violation of 

section 337 of the Tariff Act of 1930, as 

amended, in this investigation and has 

issued a limited exclusion order and 

cease and desist orders prohibiting 

importation of certain lithium ion 

batteries, battery cells, battery modules, 

battery packs, and components thereof. 

The investigation is hereby terminated. 

FOR FURTHER INFORMATION CONTACT: 

Sidney A. Rosenzweig, Esq., 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 

EDIS3Help@usitc.gov. General 

information concerning the Commission 

may also be obtained by accessing its 

internet server at http://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: 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 discussed 

further below, the complainants, as of 

the date of this Notice, are 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 

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 November 5, 2019, LG moved for 

an order entering default judgment 

against the respondents due to contempt 

of Order No. 13, which granted in part 

complainants’ motion to compel 

forensic examination of respondents’ 

computer system due to alleged 

spoliation of evidence. Respondents 

opposed the motion and OUII supported 

the motion. 

On February 14, 2020, the ALJ issued 

the subject ID (Order No. 34) finding 

that the respondents spoliated evidence, 

and that the appropriate remedy is to 

find the respondents in default. The ID 

noted that complainants do not seek a 

general exclusion order, and therefore 

no issues remain to be litigated, and 

terminated the investigation. ID at 131. 

On March 3, 2020, SK filed a petition 

for Commission review of the ID. On 

March 11, 2020, LG and OUII filed 

oppositions thereto. 

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 the parties to brief 

certain issues under review. The Notice 

of Review also sought briefing from the 

parties, interested government agencies, 

and any other interested parties on 

remedy, the public interest, and 

bonding. 

On May 1, 2020, the parties filed their 

opening briefs on the issues under 

review, and on remedy, the public 

interest and bonding. SK also filed a 

short submission seeking a hearing 

before the Commission on remedy, the 

public interest, and bonding. See 19 

CFR 210.50(a)(v). The Commission also 

received a number of comments from 

non-parties on remedy and the public 

interest. On May 12, 2020, the parties 

filed reply briefs on the issues under 

review, and on remedy, the public 

interest and bonding. Certain nonparties also submitted reply comments 

on remedy and the public interest. 

On June 26, 2020, LG filed a motion 

for leave to file a supplemental 

submission on remedy, the public 

interest, and bonding. On July 8, 2020, 

SK opposed the motion. On July 13, 

2020, SK filed a notice of new 

developments related to issues raised in 

the remedy, public interest, and 

bonding briefing. On July 28, 2020, SK 

moved for leave to file a reply in 

support of its notice. On September 1, 

2020, LG filed a notice of supplemental 

facts. On November 25, 2020, SK filed 

a motion for leave to file a supplemental 

submission in connection with remedy 

and the public interest. The 

Commission has determined to grant the 

motions for leave and to make all of the 

foregoing submissions and responses 

thereto part of the administrative record. 

On December 1, 2020, Complainants 

filed a motion to amend the complaint 

and NOI to reflect a reorganization of LG 

Chem, Ltd. in which (i) certain business 

functions were transferred to a newly 

created subsidiary named LG Energy 

Solution, Ltd., and (ii) LG Chem 

Michigan, Inc. was renamed LG Energy 

Solution Michigan, Inc. (EDIS Doc. ID 

726833). The Commission has 

determined to grant that motion, has 

added LG Energy Solution, Ltd. as a 

complainant, and has changed the name 

of LG Chem Michigan Inc. to LG Energy 

Solution Michigan, Inc. 

The Commission has determined not 

to conduct a hearing pursuant to 19 CFR 

210.50. The Commission finds that the 

parties and non-parties have failed to 

demonstrate why a hearing would be 

warranted. The Commission has been 

mindful of the public interest 

submissions in fashioning an 

appropriate remedy. 

Having reviewed the record of the 

investigation, including the parties’ 

submissions to the ALJ, Order No. 34, 

and the parties’ and non-parties’ 

submissions to the Commission, the 

Commission has determined to affirm 

the ID’s finding of default, with 

modified reasoning clarifying the 

distinct bases for sanctions under (i) 19 

U.S.C. 1337(h) and Commission Rule 

210.33, 19 CFR 210.33 and (ii) inherent 

authority under Micron Technology, Inc. 

v. Rambus Inc., 645 F.3d 1311 (Fed. Cir. 

2011). The Commission finds that both 

bases apply here. The Commission 

thereby affirms the ID’s finding of 

violation of section 337. 

The Commission has further 

determined that the appropriate remedy 

is: (1) A limited exclusion order 

prohibiting the entry of certain lithium 

ion batteries, battery cells, battery 


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Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 9953 

modules, battery packs, and 

components thereof; and (2) cease and 

desist orders directed to respondents. 

The remedial orders will expire ten 

years from their issuance, and cover the 

trade secrets that LG elected on January 

22, 2020. The Commission has 

determined that, although the public 

interest factors enumerated in section 

337(d) and (f), 19 U.S.C. 1337(d), (f), do 

not preclude the issuance of the limited 

exclusion order or the cease and desist 

orders, tailoring of its orders is 

appropriate in view of the public 

interest considerations discussed in the 

Commission’s opinion. The orders 

permit SK to import components for 

domestic production of lithium ion 

batteries, battery cells, battery modules, 

and battery packs for Ford Motor Co.’s 

EV F–150 program for four years, and 

for Volkswagen of America, Inc.’s 

America’s MEB line for the North 

America Region for two years to permit 

these third parties to transition to new 

domestic suppliers for these programs. 

The orders also permit SK to import 

articles for repair and replacement of EV 

batteries for Kia vehicles that had been 

sold to U.S. customers as of the date of 

the orders and were originally equipped 

with SK batteries. The investigation is 

terminated. 

The Commission’s reasons for its 

determinations are set forth more fully 

in the Commission’s opinion. 

The Commission’s orders and opinion 

were delivered to the President and the 

United States Trade Representative on 

the day of their issuance. 

The Commission vote for these 

determinations took place on February 

10, 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 10, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–03109 Filed 2–16–21; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Federal 

Employees’ Compensation Act Medical 

Reports and Compensation Claims 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: The Department of Labor 

(DOL) is submitting this Office of the 

Workers’ Compensation Programs 

(OWCP)-sponsored information 

collection request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(PRA). Public comments on the ICR are 

invited. 

DATES: The OMB will consider all 

written comments that agency receives 

on or before March 19, 2021. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

Comments are invited on: (1) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the Department, 

including whether the information will 

have practical utility; (2) if the 

information will be processed and used 

in a timely manner; (3) the accuracy of 

the agency’s estimates of the burden and 

cost of the collection of information, 

including the validity of the 

methodology and assumptions used; (4) 

ways to enhance the quality, utility and 

clarity of the information collection; and 

(5) ways to minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

automated collection techniques or 

other forms of information technology. 

FOR FURTHER INFORMATION CONTACT: 

Anthony May by telephone at 202–693– 

4129 (this is not a toll-free number) or 

by email at DOL_PRA_PUBLIC@dol.gov. 

SUPPLEMENTARY INFORMATION: The Office 

of Worker’s Compensation Programs 

(OWCP) administers the Federal 

Employees’ Compensation Act (FECA). 

5 U.S.C. 8149, Congress gives the 

Secretary of Labor authority to prescribe 

the rules and regulations necessary for 

the administration and enforcement of 

the FECA. 5 U.S.C. 8102, the FECA 

requires the United States to provide 

compensation to individuals who 

sustain an injury while in the course of 

federal employment. 5 U.S.C. 8103, 

authorizes FECA to provide medical and 

initial medical and other benefits. 

For additional substantive 

information about this ICR, see the 

related notice published in the Federal 

Register on November 13, 2020 (85 FR 

72701). 

This information collection is subject 

to the PRA. A Federal agency generally 

cannot conduct or sponsor a collection 

of information, and the public is 

generally not required to respond to an 

information collection, unless the OMB 

approves it and displays a currently 

valid OMB Control Number. In addition, 

notwithstanding any other provisions of 

law, no person shall generally be subject 

to penalty for failing to comply with a 

collection of information that does not 

display a valid OMB Control Number. 

See 5 CFR 1320.5(a) and 1320.6. 

DOL seeks PRA authorization for this 

information collection for three (3) 

years. OMB authorization for an ICR 

cannot be for more than three (3) years 

without renewal. The DOL notes that 

information collection requirements 

submitted to the OMB for existing ICRs 

receive a month-to-month extension 

while they undergo review. 

Agency: DOL–OWCP. 

Title of Collection: Federal 

Employees’ Compensation Act Medical 

Reports and Compensation Claims. 

OMB Control Number: 1240–0046. 

Affected Public: Individuals and 

households. 

Total Estimated Number of 

Respondents: 282,353. 

Total Estimated Number of 

Responses: 282,353. 

Total Estimated Annual Time Burden: 

25,605 hours. 

Total Estimated Annual Other Costs 

Burden: $110,118. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: February 9, 2021. 

Anthony May, 

Management and Program Analyst. 

[FR Doc. 2021–03117 Filed 2–16–21; 8:45 am] 

BILLING CODE 4510–CH–P 

DEPARTMENT OF LABOR 

Office of the Secretary 

Agency Information Collection 

Activities; Submission for OMB 

Review; Comment Request; Workforce 

Innovation and Opportunity Act 

Common Performance Reporting 

ACTION: Notice of availability; request 

for comments. 


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