82_FR_56492 82 FR 56265 - Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same; Institution of Investigation

82 FR 56265 - Certain Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 82, Issue 227 (November 28, 2017)

Page Range56265-56266
FR Document2017-25624

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 25, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. of South Korea; LG Chem Michigan Inc. of Holland Michigan; LG Chem Power Inc. of Troy, Michigan; and Toray Industries, Inc. of Japan. A supplement was filed on November 15, 2017. The complaint 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 batteries and electrochemical devices containing composite separators, components thereof, and products containing same by reason of infringement of one or more of U.S. Patent No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the '241 patent''); and U.S. Patent No. 7,709,152 (``the '152 patent''). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

Federal Register, Volume 82 Issue 227 (Tuesday, November 28, 2017)
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Notices]
[Pages 56265-56266]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25624]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1087]


Certain Batteries and Electrochemical Devices Containing 
Composite Separators, Components Thereof, and Products Containing Same; 
Institution of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 25, 2017, under section 
337 of the Tariff Act of 1930, as amended, on behalf of LG Chem, Ltd. 
of South Korea; LG Chem Michigan Inc. of Holland Michigan; LG Chem 
Power Inc. of Troy, Michigan; and Toray Industries, Inc. of Japan. A 
supplement was filed on November 15, 2017. The complaint 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 batteries and electrochemical devices 
containing composite separators, components thereof, and products 
containing same by reason of infringement of one or more of U.S. Patent 
No. 7,662,517 (``the '517 patent''); U.S. Patent No. 7,638,241 (``the 
'241 patent''); and U.S. Patent No. 7,709,152 (``the '152 patent''). 
The complaint further alleges that an industry in the United States 
exists as required by the applicable Federal Statute.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and a cease and desist order.

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 https://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. 
International Trade Commission, Katherine M. Hiner, Docket Services, 
telephone (202) 205-1802.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice 
and Procedure, 19 CFR 210.10 (2017).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 21, 2017, 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 batteries 
and electrochemical devices containing composite separators, components 
thereof, and products containing same by reason of infringement of one 
or more of claims 1, 2, 5-15, and 18 of the '517 patent; claims 1-5, 9-
12, 14-31, and 33-36 of the '241 patent; and claims 1-13 and 16-20 of 
the '152 patent; and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) 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:

LG Chem, Ltd. LG, Twin Towers, 128 Yeoui-daero, Yeongdeungpo-gu, Seoul 
07336, South Korea
LG Chem Michigan Inc., 1 LG Way, Holland, MI 49423
LG Chem Power Inc., 1857 Technology Drive, Troy, MI 48083
Toray Industries, Inc., Nihonbashi Mitsui Tower, 1-1, Nihonbashi-
Muromachi 2-chome, Chuo-ku, Tokyo, Japan

    (b) The respondent is the following entity alleged to be in 
violation of section 337, and is the party upon which the complaint is 
to be served:

Amperex Technology Limited, 3503 Wharf Cable TV Tower, 9 Hoi Shing 
Road, Tsuen Wan N.T., Hong Kong
DJI Technology Co., Ltd., 14th Floor, West Wing, Skyworth, 
Semiconductor Design Building, No. 18, Gaoxin South 4th Ave, Nanshan 
District, 518057 Shenzhen, China
DJI Technology, Inc., 201 S Victory Boulevard, Burbank, CA 91502
Guangdong OPPO Mobile, Telecommunications Corp., Ltd., 18 Haibin Road, 
Wusha, Chang'An Town, Dongguan, 523850, Guangdong, China
OPPO Digital, Inc., 162 Constitution Drive, Menlo Park, CA 94025

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge. The Office of Unfair Import 
Investigations will not participate as a party in this investigation.
    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

[[Page 56266]]

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: November 21, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-25624 Filed 11-27-17; 8:45 am]
 BILLING CODE 7020-02-P



                                                                          Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices                                            56265

                                               www.sandiego.gov/water/purewater/                       and, after the investigation, issue a                 this notice of investigation shall be
                                               purewatersd/reports.                                    limited exclusion order and a cease and               served:
                                                                                                       desist order.                                            (a) The complainants are:
                                               Public Disclosure
                                                                                                       ADDRESSES: The complaint, except for                  LG Chem, Ltd. LG, Twin Towers, 128
                                                 Before including your address, phone                  any confidential information contained                   Yeoui-daero, Yeongdeungpo-gu, Seoul
                                               number, email address, or other                         therein, is available for inspection                     07336, South Korea
                                               personal identifying information in your                during official business hours (8:45 a.m.             LG Chem Michigan Inc., 1 LG Way,
                                               comment, you should be aware that                       to 5:15 p.m.) in the Office of the                       Holland, MI 49423
                                               your entire comment—including your                      Secretary, U.S. International Trade                   LG Chem Power Inc., 1857 Technology
                                               personal identifying information—may                    Commission, 500 E Street SW., Room                       Drive, Troy, MI 48083
                                               be made publicly available at any time.                 112, Washington, DC 20436, telephone                  Toray Industries, Inc., Nihonbashi
                                               While you can ask us in your comment                    (202) 205–2000. Hearing impaired                         Mitsui Tower, 1–1, Nihonbashi-
                                               to withhold your personal identifying                   individuals are advised that information                 Muromachi 2-chome, Chuo-ku,
                                               information from public review, we                      on this matter can be obtained by                        Tokyo, Japan
                                               cannot guarantee that we will be able to                contacting the Commission’s TDD                          (b) The respondent is the following
                                               do so.                                                  terminal on (202) 205–1810. Persons                   entity alleged to be in violation of
                                                 Dated: November 20, 2017.                             with mobility impairments who will                    section 337, and is the party upon
                                               Jacklynn Gould,                                         need special assistance in gaining access             which the complaint is to be served:
                                               Acting Regional Director, Lower Colorado                to the Commission should contact the                  Amperex Technology Limited, 3503
                                               Region.                                                 Office of the Secretary at (202) 205–                    Wharf Cable TV Tower, 9 Hoi Shing
                                               [FR Doc. 2017–25662 Filed 11–27–17; 8:45 am]            2000. General information concerning                     Road, Tsuen Wan N.T., Hong Kong
                                               BILLING CODE 4332–90–P                                  the Commission may also be obtained                   DJI Technology Co., Ltd., 14th Floor,
                                                                                                       by accessing its internet server at                      West Wing, Skyworth, Semiconductor
                                                                                                       https://www.usitc.gov. The public                        Design Building, No. 18, Gaoxin
                                               INTERNATIONAL TRADE                                     record for this investigation may be                     South 4th Ave, Nanshan District,
                                               COMMISSION                                              viewed on the Commission’s electronic                    518057 Shenzhen, China
                                                                                                       docket (EDIS) at https://edis.usitc.gov.              DJI Technology, Inc., 201 S Victory
                                               [Investigation No. 337–TA–1087]                                                                                  Boulevard, Burbank, CA 91502
                                                                                                       FOR FURTHER INFORMATION CONTACT: The
                                                                                                       Office of Docket Services, U.S.                       Guangdong OPPO Mobile,
                                               Certain Batteries and Electrochemical                                                                            Telecommunications Corp., Ltd., 18
                                               Devices Containing Composite                            International Trade Commission,
                                                                                                       Katherine M. Hiner, Docket Services,                     Haibin Road, Wusha, Chang’An
                                               Separators, Components Thereof, and                                                                              Town, Dongguan, 523850,
                                               Products Containing Same; Institution                   telephone (202) 205–1802.
                                                                                                                                                                Guangdong, China
                                               of Investigation                                        SUPPLEMENTARY INFORMATION:                            OPPO Digital, Inc., 162 Constitution
                                               AGENCY: U.S. International Trade                           Authority: The authority for                          Drive, Menlo Park, CA 94025
                                               Commission.                                             institution of this investigation is                     (3) For the investigation so instituted,
                                                                                                       contained in section 337 of the Tariff                the Chief Administrative Law Judge,
                                               ACTION: Notice.
                                                                                                       Act of 1930, as amended, 19 U.S.C. 1337               U.S. International Trade Commission,
                                               SUMMARY:    Notice is hereby given that a               and in section 210.10 of the                          shall designate the presiding
                                               complaint was filed with the U.S.                       Commission’s Rules of Practice and                    Administrative Law Judge. The Office of
                                               International Trade Commission on                       Procedure, 19 CFR 210.10 (2017).                      Unfair Import Investigations will not
                                               October 25, 2017, under section 337 of                     Scope of Investigation: Having                     participate as a party in this
                                               the Tariff Act of 1930, as amended, on                  considered the complaint, the U.S.                    investigation.
                                               behalf of LG Chem, Ltd. of South Korea;                 International Trade Commission, on                       Responses to the complaint and the
                                               LG Chem Michigan Inc. of Holland                        November 21, 2017, ordered that—                      notice of investigation must be
                                               Michigan; LG Chem Power Inc. of Troy,                      (1) Pursuant to subsection (b) of                  submitted by the named respondents in
                                               Michigan; and Toray Industries, Inc. of                 section 337 of the Tariff Act of 1930, as             accordance with section 210.13 of the
                                               Japan. A supplement was filed on                        amended, an investigation be instituted               Commission’s Rules of Practice and
                                               November 15, 2017. The complaint                        to determine whether there is a                       Procedure, 19 CFR 210.13. Pursuant to
                                               alleges violations of section 337 based                 violation of subsection (a)(1)(B) of                  19 CFR 201.16(e) and 210.13(a), such
                                               upon the importation into the United                    section 337 in the importation into the               responses will be considered by the
                                               States, the sale for importation, and the               United States, the sale for importation,              Commission if received not later than 20
                                               sale within the United States after                     or the sale within the United States after            days after the date of service by the
                                               importation of certain batteries and                    importation of certain batteries and                  Commission of the complaint and the
                                               electrochemical devices containing                      electrochemical devices containing                    notice of investigation. Extensions of
                                               composite separators, components                        composite separators, components                      time for submitting responses to the
                                               thereof, and products containing same                   thereof, and products containing same                 complaint and the notice of
                                               by reason of infringement of one or                     by reason of infringement of one or                   investigation will not be granted unless
                                               more of U.S. Patent No. 7,662,517 (‘‘the                more of claims 1, 2, 5–15, and 18 of the              good cause therefor is shown.
                                               ’517 patent’’); U.S. Patent No. 7,638,241               ’517 patent; claims 1–5, 9–12, 14–31,                    Failure of a respondent to file a timely
                                               (‘‘the ’241 patent’’); and U.S. Patent No.              and 33–36 of the ’241 patent; and claims              response to each allegation in the
ethrower on DSK3G9T082PROD with NOTICES




                                               7,709,152 (‘‘the ’152 patent’’). The                    1–13 and 16–20 of the ’152 patent; and                complaint and in this notice may be
                                               complaint further alleges that an                       whether an industry in the United                     deemed to constitute a waiver of the
                                               industry in the United States exists as                 States exists as required by subsection               right to appear and contest the
                                               required by the applicable Federal                      (a)(2) of section 337;                                allegations of the complaint and this
                                               Statute.                                                   (2) For the purpose of the                         notice, and to authorize the
                                                  The complainants request that the                    investigation so instituted, the following            administrative law judge and the
                                               Commission institute an investigation                   are hereby named as parties upon which                Commission, without further notice to


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                                               56266                      Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Notices

                                               the respondent, to find the facts to be as              Secretary, U.S. International Trade                     (2) For the purpose of the
                                               alleged in the complaint and this notice                Commission, 500 E Street SW., Room                    investigation so instituted, the following
                                               and to enter an initial determination                   112, Washington, DC 20436, telephone                  are hereby named as parties upon which
                                               and a final determination containing                    (202) 205–2000. Hearing impaired                      this notice of investigation shall be
                                               such findings, and may result in the                    individuals are advised that information              served:
                                               issuance of an exclusion order or a cease               on this matter can be obtained by                       (a) The complainants are: National
                                               and desist order or both directed against               contacting the Commission’s TDD                       Products Inc., 8410 Dallas Ave S.,
                                               the respondent.                                         terminal on (202) 205–1810. Persons                   Seattle, WA 98108.
                                                                                                       with mobility impairments who will                      (b) The respondent is the following
                                                 By order of the Commission.
                                                                                                       need special assistance in gaining access             entity alleged to be in violation of
                                                 Issued: November 21, 2017.                                                                                  section 337, and is the party upon
                                                                                                       to the Commission should contact the
                                               Katherine M. Hiner,                                                                                           which the complaint is to be served:
                                                                                                       Office of the Secretary at (202) 205–
                                               Supervisory Attorney.                                   2000. General information concerning                  Shenzhen Chengshuo Technology Co.,
                                               [FR Doc. 2017–25624 Filed 11–27–17; 8:45 am]            the Commission may also be obtained                     Ltd., d/b/a WUPP, Building A, No. 18,
                                               BILLING CODE 7020–02–P                                  by accessing its internet server at                     Zhongbuqiao, Qixianqiao Village,
                                                                                                       https://www.usitc.gov. The public                       Dalu Ind. Zone, Liangzhu Town,
                                                                                                       record for this investigation may be                    Yuhang Dist., Hangzhou, Zhejiang,
                                               INTERNATIONAL TRADE                                     viewed on the Commission’s electronic                   China
                                               COMMISSION                                              docket (EDIS) at https://edis.usitc.gov.              Foshan City Qishi Sporting Goods,
                                               [Investigation No. 337–TA–1086]                                                                                 Technology Co., Ltd. d/b/a N-Star,
                                                                                                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               Guangfo Road No. 71, Nanhai District,
                                                                                                       Pathenia M. Proctor, Office of Unfair
                                               Certain Mounting Apparatuses for                                                                                Foshan City, Guangdong, China
                                                                                                       Import Investigations, U.S. International
                                               Holding Portable Electronic Devices                                                                             258200
                                                                                                       Trade Commission, telephone (202)                     Chengdu MWUPP Technology Co., Ltd,
                                               and Components Thereof; Institution                     205–2560.
                                               of Investigation                                                                                                Building 1, Third Floor, Door 15, 10
                                                                                                       SUPPLEMENTARY INFORMATION: Authority:                   Jinkang Road; Wuhou District,
                                               AGENCY: U.S. International Trade                        The authority for institution of this                   Chengdu City, Sichuan Province,
                                               Commission.                                             investigation is contained in section 337               China 610045
                                               ACTION: Notice.                                         of the Tariff Act of 1930, as amended,                Shenzhen Yingxue Technology Co.,
                                                                                                       19 U.S.C. 1337 and in section 210.10 of                 Ltd., d/b/a Yingxue Tech, Room 14H,
                                               SUMMARY:    Notice is hereby given that a               the Commission’s Rules of Practice and                  Haojingmingyuan Phase II, No. 28
                                               complaint was filed with the U.S.                       Procedure, 19 CFR 210.10 (2017).                        Zhengqing Road, Buji Town,
                                               International Trade Commission on
                                                                                                          Scope of Investigation: Having                       Longgang District, Shenzhen, China
                                               October 24, 2017, under section 337 of
                                                                                                       considered the complaint, the U.S.                      518112
                                               the Tariff Act of 1930, as amended, on                                                                        Shenzhen Shunsihang Technology Co.,
                                               behalf of National Products Inc. of                     International Trade Commission, on
                                                                                                                                                               Ltd., d/b/a BlueFire, Room 16D,
                                               Seattle, Washington. A supplement to                    November 21, 2017, ordered that—
                                                                                                                                                               Yonghuafu, Building No. 1,
                                               the complaint was filed on November 3,                     (1) Pursuant to subsection (b) of
                                                                                                                                                               Longcheng Huafu, Longcheng St.,
                                               2017. The complaint alleges violations                  section 337 of the Tariff Act of 1930, as
                                                                                                                                                               Longgang, District, Shenzhen, China
                                               of section 337 based upon the                           amended, an investigation be instituted
                                                                                                                                                               518172
                                               importation into the United States, the                 to determine:                                         Guangzhou Kean Products Co., Ltd.,
                                               sale for importation, and the sale within                  (a) Whether there is a violation of                  Room 216–218, No. 275, D District,
                                               the United States after importation of                  subsection (a)(1)(B) of section 337 in the              Zeng Cha Road, Baiyun District,
                                               certain mounting apparatuses for                        importation into the United States, the                 Guangzhou, Guangdong, China
                                               holding portable electronic devices and                 sale for importation, or the sale within              Prolech Electronics Limited, Building 2,
                                               components thereof by reason of                         the United States after importation of                  Floor 2, Ba Fang Yuan Industrial, Gui
                                               infringement of U.S. Patent No.                         certain mounting apparatuses for                        Shan Road Number 9, Xixiang Town,
                                               8,544,161 (‘‘the ’161 Patent’’); U.S.                   holding portable electronic devices and                 Baoan District, Shenzhen, China
                                               Patent No. D703,657 (‘‘the ’657 Patent’’);              components thereof by reason of                       Gangzhou Kaicheng Metal Produce Co.,
                                               U.S. Patent No. 8,186,636 (‘‘the ’636                   infringement of one or more of claims                   Ltd. d/b/a ZJMOTO No. 17, Xijiu
                                               Patent’’); U.S. Patent No. D571,278 (‘‘the              1–18 of the ’161 patent; claim 1 of the                 Street, Jinshazhou, Baiyun Dist.,
                                               ’278 Patent’’); U.S. Patent No. D574,204                ’657 patent; claims 1–20 of the ’636                    Guangzhou, Guangdong, China
                                               (‘‘the ’204 Patent’’); U.S. Patent No.                  patent; claim 1 of the ’278 patent; claims              510165
                                               9,568,148 (‘‘the ’148 Patent’’); and U.S.               1 of the ’204 patent; claims 1–13 of the              Shenzhen Smilin Electronic
                                               Trademark Registration No. 4,254,086                    ’148 patent; and whether an industry in                 Technology, Co., Ltd., 40 Building,
                                               (‘‘the ’086 Trademark’’). The complaint                 the United States exists as required by                 Niulanqian Village, Minzhi Street,
                                               further alleges that an industry in the                 subsection (a)(2) of section 337;                       Baoan District, Shenzhen, Guangdong,
                                               United States exists as required by the                    (c) whether there is a violation of                  China 518131
                                               applicable Federal Statute.                             subsection (a)(1)(C) of section 337 in the            Shenzhen New Dream Intelligent
                                                  The complainants request that the                    importation into the United States, the                 Plastic, Co., Ltd., B511, Lanshang
                                               Commission institute an investigation                   sale for importation, or the sale within                Innovation Park, No. 7, Xinfeng Road,
                                               and, after the investigation, issue a                   the United States after importation of                  Longcheng Street, Longgang District,
ethrower on DSK3G9T082PROD with NOTICES




                                               limited exclusion order and a cease and                 certain mounting apparatuses for                        Shenzhen, Guangdong, China 518172
                                               desist order.                                           holding portable electronic devices and                 (c) The Office of Unfair Import
                                               ADDRESSES: The complaint, except for                    components thereof by reason of                       Investigations, U.S. International Trade
                                               any confidential information contained                  infringement of the ’086 trademark; and               Commission, 500 E Street SW., Suite
                                               therein, is available for inspection                    whether an industry in the United                     401, Washington, DC 20436; and
                                               during official business hours (8:45 a.m.               States exists as required by subsection                 (3) For the investigation so instituted,
                                               to 5:15 p.m.) in the Office of the                      (a)(2) of section 337;                                the Chief Administrative Law Judge,


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Document Created: 2017-11-28 01:51:05
Document Modified: 2017-11-28 01:51:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactThe Office of Docket Services, U.S. International Trade Commission, Katherine M. Hiner, Docket Services, telephone (202) 205-1802.
FR Citation82 FR 56265 

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