The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by LG Chem, Ltd. of Seoul, South Korea, and LG Chem Michigan, Inc. of Holland, MI, on April 29, 2019. The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain lithium ion batteries, battery cells, battery modules, battery packs, components thereof, and processes therefor that misappropriate trade secrets asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
SK Innovation Co., Ltd., of Seoul, Republic of Korea; and
SK Battery America, Inc., of Atlanta, GA.
By instituting this investigation (337-TA-1159), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.