U.S. International Trade Commission Closes Investigation on Rechargeable Batteries After Settlements, Requests Comments on Remedy and Public Interest
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Summary of the Action
The U.S. International Trade Commission (USITC) has stopped its investigation against Bass Pro Outdoor World LLC and Cabela’s LLC. This follows a settlement agreement between these companies and the complainants, LithiumHub, LLC, Lithiumhub Technologies, LLC, and Martin Koebler.
Background of the Case
The investigation started on October 21, 2024. It was based on a complaint by LithiumHub. LithiumHub claimed unfair imports of certain rechargeable batteries and their parts, saying these products infringed U.S. Patent Nos. 9,412,994 and 9,954,207.
The following companies were named as respondents:
- Bass Pro Outdoor World LLC and Cabela’s LLC, Missouri
- Clean Republic SODO LLC, Washington
- MillerTech Energy Solutions LLC, Ohio
- Shenzhen Fbtech Electronics Ltd., China
- Shenzhen LiTime Technology Co., China
- Relion Battery (Shenzhen) Technology Co., China
- Renogy New Energy Co., Ltd., China
- RNG International Inc., California
- Navico Group Americas, LLC, Wisconsin
- Dragonfly Energy Corp. and Dragonfly Energy Holdings Corp., Nevada
- Shenzhen Yichen S-Power Tech Co. LTD, China
The Office of Unfair Import Investigations was also a party to the case.
Investigation Actions
On February 3, 2025, the Commission found Shenzhen Yichen S-Power Tech Co. LTD in default. Other companies were terminated from the case earlier because they reached settlements. The last active respondents, Bass Pro Outdoor World LLC and Cabela’s LLC, filed a joint motion to settle on July 10, 2025. The administrative law judge (ALJ) approved ending the investigation against them on July 22, 2025.
No party objected to this decision.
Current Focus: Possible Remedy Against Defaulting Respondent
Since all other companies are out of the case, only Shenzhen Yichen S-Power Tech Co. LTD is still facing action. The Commission may issue orders such as:
- A limited exclusion order (blocking some products from entering the U.S.)
- A cease and desist order (requiring Shenzhen Yichen to stop certain acts in the U.S.)
Request for Public Comments
The Commission is now asking for written comments on:
- What kind of remedy should be issued against the defaulting respondent.
- How the remedy would affect the public interest, including:
- Public health and welfare
- Competition in the U.S. economy
- U.S. production of similar articles
- U.S. consumers
- The amount of the bond that should be set if a remedy is imposed.
If the Commission decides on a remedy, the U.S. Trade Representative, acting for the President, has 60 days to approve, reject, or take no action. During that time, the products may enter under bond.
Instructions for Submission
– All initial written submissions and proposed remedial orders are due by close of business on August 28, 2025.
– Reply submissions are due by close of business on September 4, 2025.
– Submissions must be filed electronically and refer to Investigation No. 337-TA-1421.
For confidential submissions, documents should be marked with a header for confidential information. A non-confidential version must also be filed within two business days. Guidance on filing is available at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.
Further Information
The full record and submissions are available via the USITC’s electronic docket at https://edis.usitc.gov. Additional queries can be directed to Paul Lall, Office of the General Counsel, U.S. International Trade Commission, at (202) 205-2043.
Authority
This action is taken under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and rules in 19 CFR part 210.
Issued by order of the Commission on August 14, 2025.
Lisa Barton,
Secretary to the Commission.
Legal Disclaimer
This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.
