80 FR 16695 - Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion Batteries for Power Tool Products Containing the Same, and Power Tools Products With Lithium-Ion Batteries Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 60 (March 30, 2015)

Page Range		16695-16696
FR Document		2015-07146

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 20, 2015, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of BASF Corporation of Florham Park, New Jersey and UChicago Argonne LLC of Lemont, Illinois. A letter supplementing the complaint was filed on March 13, 2015. The complaint, as supplemented, alleges violations 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 lithium metal oxide cathode materials, lithium metal-ion batteries for power tool products containing same, and power tool products with lithium-ion batteries containing same by reason of infringement of certain claims of U.S. Patent No. 6,677,082 (``the '082 patent'') and U.S. Patent No. 6,680,143 (``the '143 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.

Federal Register, Volume 80 Issue 60 (Monday, March 30, 2015)

[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16695-16696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07146]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-951]


Certain Lithium Metal Oxide Cathode Materials, Lithium-Ion 
Batteries for Power Tool Products Containing the Same, and Power Tools 
Products With Lithium-Ion Batteries Containing Same; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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[[Page 16696]]

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 20, 2015, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
BASF Corporation of Florham Park, New Jersey and UChicago Argonne LLC 
of Lemont, Illinois. A letter supplementing the complaint was filed on 
March 13, 2015. The complaint, as supplemented, alleges violations 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 lithium metal oxide cathode materials, lithium 
metal-ion batteries for power tool products containing same, and power 
tool products with lithium-ion batteries containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,677,082 (``the '082 
patent'') and U.S. Patent No. 6,680,143 (``the '143 patent''). The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained 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 at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2014).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 23, 2015, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain lithium 
metal oxide cathode materials, lithium-ion batteries for power tool 
products containing same, and power tool products with lithium-ion 
batteries containing same by reason of infringement of one or more of 
claims 1-4, 7, 8, 13, and 14 of the '082 patent and claims 1-4, 8, 9, 
and 17 of the '143 patent, and whether an industry in the United States 
exists as required by subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are:

BASF Corporation, 100 Campus Drive, Florham Park, NJ 07932
UChicago Argonne LLC, 9700 S. Cass Avenue, Lemont, IL 60439

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Umicore N.V., Broekstraat 31, 1000 Brussels, Belgium
Umicore USA Inc., 3600 Glenwood Avenue, Suite 250, Raleigh, NC 27612
Makita Corporation, 3-11-8, Sumiyoschino, 446-0072 Anjo 446-0072 Aichi, 
Japan
Makita Corporation of America, 2650 Buford Highway, Buford, GA 30518
Makita U.S.A. Inc., 14930 Northam Street, La Mirada, CA 90638

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 24, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-07146 Filed 3-27-15; 8:45 am]
 BILLING CODE 7020-02-P

16696 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Notices

SUMMARY: Notice is hereby given that a Scope of Investigation: Having U.S. International Trade Commission,
complaint was filed with the U.S. considered the complaint, the U.S. shall designate the presiding
International Trade Commission on International Trade Commission, on Administrative Law Judge.
February 20, 2015, under section 337 of March 23, 2015, ordered that— Responses to the complaint and the
the Tariff Act of 1930, as amended, 19 (1) Pursuant to subsection (b) of notice of investigation must be
U.S.C. 1337, on behalf of BASF section 337 of the Tariff Act of 1930, as submitted by the named respondents in
Corporation of Florham Park, New amended, an investigation be instituted accordance with section 210.13 of the
Jersey and UChicago Argonne LLC of to determine whether there is a Commission’s Rules of Practice and
Lemont, Illinois. A letter supplementing violation of subsection (a)(1)(B) of Procedure, 19 CFR 210.13. Pursuant to
the complaint was filed on March 13, section 337 in the importation into the 19 CFR 201.16(e) and 210.13(a), such
2015. The complaint, as supplemented, United States, the sale for importation, responses will be considered by the
alleges violations of section 337 based or the sale within the United States after Commission if received not later than 20
upon the importation into the United importation of certain lithium metal days after the date of service by the
States, the sale for importation, and the oxide cathode materials, lithium-ion Commission of the complaint and the
sale within the United States after batteries for power tool products notice of investigation. Extensions of
importation of certain lithium metal containing same, and power tool time for submitting responses to the
oxide cathode materials, lithium metal- products with lithium-ion batteries complaint and the notice of
ion batteries for power tool products containing same by reason of investigation will not be granted unless
containing same, and power tool infringement of one or more of claims good cause therefor is shown.
products with lithium-ion batteries 1–4, 7, 8, 13, and 14 of the ’082 patent Failure of a respondent to file a timely
containing same by reason of and claims 1–4, 8, 9, and 17 of the ’143 response to each allegation in the
infringement of certain claims of U.S. patent, and whether an industry in the complaint and in this notice may be
Patent No. 6,677,082 (‘‘the ’082 patent’’) United States exists as required by deemed to constitute a waiver of the
and U.S. Patent No. 6,680,143 (‘‘the ’143 subsection (a)(2) of section 337; right to appear and contest the
patent’’). The complaint further alleges (2) Pursuant to Commission Rule allegations of the complaint and this
that an industry in the United States 210.50(b)(1), 19 CFR 210.50(b)(1), the notice, and to authorize the
exists as required by subsection (a)(2) of presiding administrative law judge shall administrative law judge and the
section 337. take evidence or other information and Commission, without further notice to
The complainants request that the hear arguments from the parties and the respondent, to find the facts to be as
Commission institute an investigation other interested persons with respect to alleged in the complaint and this notice
and, after the investigation, issue a the public interest in this investigation, and to enter an initial determination
limited exclusion order and cease and as appropriate, and provide the and a final determination containing
desist orders. Commission with findings of fact and a such findings, and may result in the
recommended determination on this issuance of an exclusion order or a cease
ADDRESSES: The complaint, except for issue, which shall be limited to the and desist order or both directed against
any confidential information contained statutory public interest factors set forth the respondent.
therein, is available for inspection in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); By order of the Commission.
during official business hours (8:45 a.m. (3) For the purpose of the
Issued: March 24, 2015.
to 5:15 p.m.) in the Office of the investigation so instituted, the following
Secretary, U.S. International Trade Lisa R. Barton,
are hereby named as parties upon which
Commission, 500 E Street SW., Room this notice of investigation shall be Secretary to the Commission.
112, Washington, DC 20436, telephone served: [FR Doc. 2015–07146 Filed 3–27–15; 8:45 am]
(202) 205–2000. Hearing impaired (a) The complainants are: BILLING CODE 7020–02–P
individuals are advised that information BASF Corporation, 100 Campus Drive,
on this matter can be obtained by Florham Park, NJ 07932
contacting the Commission’s TDD UChicago Argonne LLC, 9700 S. Cass UNITED STATES INTERNATIONAL
terminal on (202) 205–1810. Persons Avenue, Lemont, IL 60439 TRADE COMMISSION
with mobility impairments who will (b) The respondents are the following [USITC SE–15–011]
need special assistance in gaining access entities alleged to be in violation of
to the Commission should contact the section 337, and are the parties upon Government in the Sunshine Act
Office of the Secretary at (202) 205– which the complaint is to be served: Meeting Notice
2000. General information concerning Umicore N.V., Broekstraat 31, 1000
the Commission may also be obtained AGENCY HOLDING THE MEETING: United
Brussels, Belgium States International Trade Commission.
by accessing its internet server at Umicore USA Inc., 3600 Glenwood
http://www.usitc.gov. The public record TIME AND DATE: April 3, 2015 at 9:00 a.m.
Avenue, Suite 250, Raleigh, NC 27612
for this investigation may be viewed on Makita Corporation, 3–11–8, PLACE: Room 101, 500 E Street SW.,
the Commission’s electronic docket Sumiyoschino, 446–0072 Anjo 446– Washington, DC 20436, Telephone:
(EDIS) at http://edis.usitc.gov. 0072 Aichi, Japan (202) 205–2000.
FOR FURTHER INFORMATION CONTACT: The Makita Corporation of America, 2650 STATUS: Open to the public.
Office of Unfair Import Investigations, Buford Highway, Buford, GA 30518 MATTERS TO BE CONSIDERED:
Makita U.S.A. Inc., 14930 Northam
mstockstill on DSK4VPTVN1PROD with NOTICES

U.S. International Trade Commission, 1. Agendas for future meetings: None.
telephone (202) 205–2560. Street, La Mirada, CA 90638 2. Minutes.
Authority: The authority for institution of
(c) The Office of Unfair Import 3. Ratification List.
this investigation is contained in section 337 Investigations, U.S. International Trade 4. Vote in Inv. No. 731–TA–1269
of the Tariff Act of 1930, as amended, and Commission, 500 E Street SW., Suite (Preliminary) (Silicomanganese from
in section 210.10 of the Commission’s Rules 401, Washington, DC 20436; and Australia). The Commission is currently
of Practice and Procedure, 19 CFR 210.10 (4) For the investigation so instituted, scheduled to complete and file its
(2014). the Chief Administrative Law Judge, determination on April 6, 2015; views of

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Document Created: 2015-12-18 11:32:10
Document Modified: 2015-12-18 11:32:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		80 FR 16695