A 60-day Window for Presidential Review Closes on April 11

SK innovation's EV battery manufacturing plant under construction in Commerce, Georgia

Georgia Governor Brian Kemp has again called for President Joe Biden to overturn the U.S. International Trade Commission’s Feb. 11 ruling on SK Innovation.

In a statement issued on April 8 (local time), the governor says that without the presidential action, the long-term prospects of SK Innovation's $2.6 billion electric vehicle (EV) battery production plant in Jackson County will be harmed significantly.

“The president’s decision will make or break a $2.6 billion investment in our state,“ Kemp says. “The jobs of at least 2,600 Georgians depend on President Biden's upcoming decision on the ITC ruling, and I sincerely hope he will use his authority to do the right thing."

The US ITC ruled on Feb. 11 that SK Innovation misappropriated EV battery trade secrets of LG Energy Solution and issued an order banning SK Innovation from importing batteries and battery components into the U.S. for 10 years. 

There is a 60-day window in which the president can overturn the finding that would affect not just SK Innovation but its customers, Ford and Volkswagen. The deadline for the exercise of the presidential veto is April 11 (local time).

The governor of Georgia sent a letter to President Biden last month with the same content.

“On behalf of the people of Georgia, I respectfully request that you exercise the authority granted to you under law to disapprove the ITC ruling on grounds that it is contrary to the public interest and will seriously jeopardize your administration’s environmental and economic goals,” Kemp said in the letter.

“Decisive action to disapprove the ITC ruling in this case is similarly vital to prevent the ruling’s adverse impact on Georgia and the US economy, and to preserve our nation’s ability to compete in the global race for clean energy cars and trucks,” he continued.

The governor also issued a statement to the same effect on Feb. 12.

“SK Innovation is a valued member of Georgia’s business community and a continued partner in bringing jobs and greater prosperity to the Peach State. Unfortunately, the International Trade Commission’s recent ruling puts SK’s significant investment in 2,600 clean energy jobs and innovative manufacturing in peril,” he said, urging President Biden to overturn the ruling.

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