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New IPR Import Restrictions Sought on Lithium-Ion Batteries, Public Interest Issues Examined

Wednesday, February 25, 2015
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission received Feb. 20 on behalf of BASF Corporation and UChicago Argonne LLC a petition requesting that it institute a Section 337 investigation regarding lithium metal oxide cathode materials, lithium-ion batteries containing same and products with lithium-ion batteries containing same. The proposed respondents are located in Belgium, Japan and the U.S.

The ITC is also requesting comments no later than March 5 on any public interest issues raised by this complaint. Comments should address whether the issuance of exclusion orders and/or cease and desist orders pursuant to this complaint would affect the public health and welfare in the U.S., competitive conditions in the U.S. economy, the production of like or directly competitive articles in the U.S., or U.S. consumers. In particular, the ITC is interested in comments that:

- explain how the articles potentially subject to the orders are used in the U.S.;

- identify any public health, safety or welfare concerns in the U.S. relating to the potential orders;

- identify like or directly competitive articles that the complainant, its licensees or third parties make in the U.S. that could replace the subject articles if they were to be excluded;

- indicate whether the complainant, its licensees and/or third-party suppliers have the capacity to replace the volume of articles potentially subject to the requested orders within a commercially reasonable time; and

- explain how the requested orders would impact U.S. consumers.

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