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 a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation, 35130-35131 [2021-14080]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES 35130 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices the Subject Country accounted for by your firm’s(s’) imports; (b) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. commercial shipments of Subject Merchandise imported from the Subject Country; and (c) the quantity and value (f.o.b. U.S. port, including antidumping and/or countervailing duties) of U.S. internal consumption/company transfers of Subject Merchandise imported from the Subject Country. (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the Subject Merchandise in the Subject Country, provide the following information on your firm’s(s’) operations on that product during calendar year 2020 (report quantity data in units and value data in U.S. dollars, landed and dutypaid at the U.S. port but not including antidumping or countervailing duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association. (a) Production (quantity) and, if known, an estimate of the percentage of total production of Subject Merchandise in the Subject Country accounted for by your firm’s(s’) production; (b) Capacity (quantity) of your firm(s) to produce the Subject Merchandise in the Subject Country (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and (c) the quantity and value of your firm’s(s’) exports to the United States of Subject Merchandise and, if known, an estimate of the percentage of total exports to the United States of Subject Merchandise from the Subject Country accounted for by your firm’s(s’) exports. (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the Domestic Like Product that have occurred in the United States or in the market for the Subject Merchandise in the Subject Country after 2015, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the Domestic Like Product produced in the United States, Subject Merchandise produced in the Subject Country, and such merchandise from other countries. (13) (OPTIONAL) A statement of whether you agree with the above definitions of the Domestic Like Product and Domestic Industry; if you disagree with either or both of these definitions, please explain why and provide alternative definitions. Authority: This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission’s rules. By order of the Commission. Issued: June 25, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14017 Filed 6–30–21; 8:45 am] BILLING CODE 7020–02–P 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 a Joint Motion To Terminate the Investigation on the Basis of a Settlement Agreement; Termination of Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission (‘‘Commission’’) has determined not to review an initial determination (‘‘ID’’) (Order No. 74) of the presiding chief administrative law judge (‘‘CALJ’’) granting a joint motion to terminate the investigation on the basis of a settlement agreement. The investigation is terminated. 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) SUMMARY: PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 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 EDIS3Help@usitc.gov. 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 U.S. Patent No. 10,121,994 (‘‘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). Also, the Commission determined to allow complainants: (1) To amend the complaint and notice of investigation to reflect the respondents’ corporate reorganization and (2) to withdraw allegations concerning certain claims of the ’994 patent from the complaint. Order No. 53 (Jan. 11, 2021), unreviewed by 86 FR 9368–69 (Feb. 12, 2021). On May 25, 2021, complainants SK and respondents LG (together, the ‘‘Private Parties’’) moved jointly to terminate the investigation on the basis of a settlement agreement E:\FR\FM\01JYN1.SGM 01JYN1 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Notices (‘‘Agreement’’). On May 27, 2021, OUII filed a response in support of the joint motion. On May 28, 2021, the Private Parties were directed to file a revised public version of the Agreement. Order No. 73. Pursuant to Order No. 73, the Private Parties filed a revised public version of the Agreement on June 1, 2021. On June 2, 2021, the CALJ issued the subject ID granting the subject motion. The ID finds that the Agreement completely resolves the dispute as to the Private Parties. The ID also finds that consistent with Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Private Parties aver that there are no other agreements, written or oral, express or implied, between them concerning the subject matter of this investigation. ID at 2 (citing Mot. at 2). The ID also finds that termination of this investigation does not impose any undue burdens on the public health and welfare, competitive conditions in the United States economy, production of like or directly competitive articles in the United States, or United States consumers. Id.; see 19 CFR 210.50(b)(2). No party petitioned for review of the ID. The Commission has determined not to review the subject ID. The investigation is terminated in its entirety. The Commission vote for this determination took place on June 25, 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: June 28, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–14080 Filed 6–30–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1279 (Review)] khammond on DSKJM1Z7X2PROD with NOTICES Hydrofluorocarbon Blends From China; Institution of a Five-Year Review United States International Trade Commission. ACTION: Notice. AGENCY: The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (‘‘the Act’’), as amended, to determine SUMMARY: VerDate Sep<11>2014 16:45 Jun 30, 2021 Jkt 253001 whether revocation of the antidumping duty order investigation on hydrofluorocarbon blends (‘‘HFC blends’’) from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission. Instituted July 1, 2021. To be assured of consideration, the deadline for responses is August 2, 2021. Comments on the adequacy of responses may be filed with the Commission by September 10, 2021. FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202–205–3358), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearingimpaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (https:// www.usitc.gov). The public record for this proceeding may be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. SUPPLEMENTARY INFORMATION: Background.—On August 19, 2016, the Department of Commerce (‘‘Commerce’’) issued an antidumping duty order on imports of hydrofluorocarbon blends from China (81 FR 55436). The Commission is conducting a review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission’s Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission’s determination in any expedited review will be based on the facts available, which may include information provided in response to this notice. Definitions.—The following definitions apply to this review: DATES: PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 35131 (1) Subject Merchandise is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce. (2) The Subject Country in this review is China. (3) The Domestic Like Product is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the Subject Merchandise. In its original determination, the Commission defined the Domestic Like Product as two domestic like products, one consisting of in-scope HFC blends and one consisting of in-scope HFC components. The Domestic Like Product for this review consists of in-scope HFC blends. (4) The Domestic Industry is the U.S. producers as a whole of the Domestic Like Product, or those producers whose collective output of the Domestic Like Product constitutes a major proportion of the total domestic production of the product. In its original determination, the Commission defined the Domestic Industry as all domestic producers of HFC blends and HFC components. The Domestic Industry for this review is defined as all domestic producers of HFC blends. (5) The Order Date is the date that the antidumping duty order under review became effective. In this review, the Order Date is August 19, 2016. (6) An Importer is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the Subject Merchandise into the United States from a foreign manufacturer or through its selling agent. Participation in the proceeding and public service list.—Persons, including industrial users of the Subject Merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission’s rules, no later than 21 days after publication of this notice in the Federal Register. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding. Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission’s E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Pages 35130-35131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14080]


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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 a Joint 
Motion To Terminate the Investigation on the Basis of a Settlement 
Agreement; Termination of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 74) of the presiding chief 
administrative law judge (``CALJ'') granting a joint motion to 
terminate the investigation on the basis of a settlement agreement. The 
investigation is terminated.

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 
[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 
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 U.S. Patent No. 10,121,994 (``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). Also, the Commission determined to allow complainants: (1) To 
amend the complaint and notice of investigation to reflect the 
respondents' corporate reorganization and (2) to withdraw allegations 
concerning certain claims of the '994 patent from the complaint. Order 
No. 53 (Jan. 11, 2021), unreviewed by 86 FR 9368-69 (Feb. 12, 2021).
    On May 25, 2021, complainants SK and respondents LG (together, the 
``Private Parties'') moved jointly to terminate the investigation on 
the basis of a settlement agreement

[[Page 35131]]

(``Agreement''). On May 27, 2021, OUII filed a response in support of 
the joint motion. On May 28, 2021, the Private Parties were directed to 
file a revised public version of the Agreement. Order No. 73. Pursuant 
to Order No. 73, the Private Parties filed a revised public version of 
the Agreement on June 1, 2021.
    On June 2, 2021, the CALJ issued the subject ID granting the 
subject motion. The ID finds that the Agreement completely resolves the 
dispute as to the Private Parties. The ID also finds that consistent 
with Commission Rule 210.21(b)(1) (19 CFR 210.21(b)(1)), the Private 
Parties aver that there are no other agreements, written or oral, 
express or implied, between them concerning the subject matter of this 
investigation. ID at 2 (citing Mot. at 2). The ID also finds that 
termination of this investigation does not impose any undue burdens on 
the public health and welfare, competitive conditions in the United 
States economy, production of like or directly competitive articles in 
the United States, or United States consumers. Id.; see 19 CFR 
210.50(b)(2). No party petitioned for review of the ID.
    The Commission has determined not to review the subject ID. The 
investigation is terminated in its entirety.
    The Commission vote for this determination took place on June 25, 
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: June 28, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14080 Filed 6-30-21; 8:45 am]
BILLING CODE 7020-02-P