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, 9952-9953 [2021-03109]

Download as PDF 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 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, jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:43 Feb 16, 2021 Jkt 253001 ‘‘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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 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 E:\FR\FM\17FEN1.SGM 17FEN1 Federal Register / Vol. 86, No. 30 / Wednesday, February 17, 2021 / Notices 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] jbell on DSKJLSW7X2PROD with NOTICES BILLING CODE 7020–02–P VerDate Sep<11>2014 20:43 Feb 16, 2021 Jkt 253001 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 Notice of availability; request for comments. ACTION: 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 SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 9953 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 Notice of availability; request for comments. ACTION: E:\FR\FM\17FEN1.SGM 17FEN1

Agencies

[Federal Register Volume 86, Number 30 (Wednesday, February 17, 2021)]
[Notices]
[Pages 9952-9953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03109]


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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 
[email protected]. 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 non-parties 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

[[Page 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