Notice2021-14260
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Institution of Investigation
Primary source
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Published
July 6, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 6, 2021, under section 337 of the Tariff Act of 1930, as amended, on behalf of CAB Enterprises, Inc. of Houston, Texas and Sueros y Bebidas Rehidratantes, S.A. de C.V. of Mexico. Supplements were filed on May 12, 2021, May 24, 2021, and May 25, 2021. The complaint, as supplemented, 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 electrolyte containing beverages and labeling and packaging thereof by reason of infringement of U.S. Trademark Registration No. 4,222,726 ("the '726 mark"); U.S. Trademark Registration No. 4,833,885 ("the '885 mark"); U.S. Trademark Registration No. 4,717,350 ("the '350 mark"); and U.S. Trademark Registration No. 4,717,232 ("the '232 mark") (collectively, "Asserted Trademarks"). The complaint, as supplemented, further alleges that an industry in the United States exists and is in the process of being established, as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 86 Issue 126 (Tuesday, July 6, 2021)</title>
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[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Notices]
[Pages 35532-35533]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14260]
[[Page 35532]]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1269]
Certain Electrolyte Containing Beverages and Labeling and
Packaging Thereof; 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 May 6, 2021, under section 337
of the Tariff Act of 1930, as amended, on behalf of CAB Enterprises,
Inc. of Houston, Texas and Sueros y Bebidas Rehidratantes, S.A. de C.V.
of Mexico. Supplements were filed on May 12, 2021, May 24, 2021, and
May 25, 2021. The complaint, as supplemented, 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 electrolyte containing beverages and labeling
and packaging thereof by reason of infringement of U.S. Trademark
Registration No. 4,222,726 (``the '726 mark''); U.S. Trademark
Registration No. 4,833,885 (``the '885 mark''); U.S. Trademark
Registration No. 4,717,350 (``the '350 mark''); and U.S. Trademark
Registration No. 4,717,232 (``the '232 mark'') (collectively,
``Asserted Trademarks''). The complaint, as supplemented, further
alleges that an industry in the United States exists and is in the
process of being established, as required by the applicable Federal
Statute. The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#4a0f0e031979022f263a0a3f39233e29642d253c"><span class="__cf_email__" data-cfemail="01444548523249646d714174726875622f666e77">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
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 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on June 29, 2021, 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)(C) 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 products
identified in paragraph (2) by reason of infringement of one or more of
the Asserted Trademarks, and whether an industry in the United States
exists or is in the process of being established as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``electrolyte
beverages and associated packaging and labels that bear the
Electrolit[supreg] Asserted Trademarks'';
(3) 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:
CAB Enterprises, Inc., 2700 Post Oak Blvd., Suite 22-111, Houston,
Texas 77056
Sueros y Bebidas Rehidratantes S.A. de C.V., Av. Espana No. 1840,
Colonia Moderna, C.P. 44190, Guadalajara, Jalisco, Mexico
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Flexicompuestos S.A. de C.V., Avenida Kristal 619, Juarez, Nuevo Leon
67280, Mexico
Grupo Comercial Lux del Norte S.A. de. C.V., Emiliano Zapata 229,
Centro Miguel Aleman, Septima y Octava, Miguel Aleman, Tamaulipas
88300, Mexico
Carbonera Los Asadores S.A. de C.V., Carr. Nacional KM 85, No. 1413,
Col. Centro, C.P. 67350, Allende, Nuevo Le[oacute]n, Mexico
Caribe Agencia Express, S.A. de C.V., Avenida Tulum 269, Manzana 3 Lote
2 y 3 Local 02 y Sm 15 A, Avenida Acanceh y Avenida Tulum, Benito
Juarez, Quintana Roo 77500, Mexico
Comercializadora Degu S.A. de C.V., Calle Anguila 106, Matamoros,
Tamaulipas, C.P. 87398, Mexico
Comercial Trevi[ntilde]o de Reynosa, S.A. de C.V., Lib Mty Matamoros,
Km. 7, S/N, Jacinto Lopez Ampliacion Av, San Rafael y Av Talleres,
Reynosa, Tamaulipas 88756, Mexico
H & F Tech International S.A. de C.V., Bernardo Reyes PTE 313, San
Nicolas de los Garza Centro, Mariano Matamoros y Calle Anastacio
Bustamante, San Nicol[aacute]s de los Garza, Nuevo Le[oacute]n 66400,
Mexico
MPC Foods S.A. de C.V., Profesor Jose Flores 41, Manzanillo, Colima
28869, Mexico
Myrna Guadalupe Perez Martinez, Blvd. Luis Donaldo Colosio, Col. Nuevo
Amanecer 1003, Reynosa, Tamaulipas 88790, Mexico
Leticia Ang[eacute]lica Saenz Fernandez, Segunda 517, Centro Miguel
Aleman a Obregon e Insurgentes, Miguel Alem[aacute]n, Tamaulipas 88300,
Mexico
Yoselen Susana Martinez Tirado, Montreal 114, La Ca[ntilde]ada 2
Brasilia y Munich, Reynosa, Tamaulipas 88700, Mexico
Distribuidora Mercatto S.A. de C.V., Jordan 2211, Monterrey, Nuevo
Le[oacute]n, 64460, Mexico
Comercializadora Embers S.A. de C.V., Camino a la Paz 200, Allende,
Nuevo Le[oacute]n 67353, Mexico
Manuel Bautista Nogales, Prol. Constitucion 2219-6 Bodega 6, Luis
Echeverria Alvarez Calle d y Esquina con 1RA Avenida, Santa Catarina,
Nuevo Le[oacute]n 66358, Mexico
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
The Commission notes that issues regarding whether the domestic
industry requirement of section 337 is met may be present here. In
instituting this investigation, the Commission has not made any
determination as to whether complainants have satisfied this
requirement. The presiding Administrative Law Judge may wish to
consider this issue at an early date,
[[Page 35533]]
including through use of the interim initial determination (ID) pilot
program, <a href="https://www.usitc.gov/press_room/featured_news/337pilotprogram.htm">https://www.usitc.gov/press_room/featured_news/337pilotprogram.htm</a>. Notwithstanding any Commission Rules to the
contrary, which are hereby waived, any such decision should be (i)
issued in the form of an ID under Rule 210.42(c), 19 CFR 210.42(c), or
(ii) if issued through use of the interim initial determination (ID)
pilot program, in the form of an ID under Rule 210.42(a)(1)(i), 19 CFR
210.42(a)(1)(i). The ID will become the Commission's final
determination 45 days after the date of service of the ID unless the
Commission determines to review the ID. Any such review will be
conducted in accordance with Commission Rules 210.43, 210.44, and
210.45, 19 CFR 210.43, 210.44, and 210.45.
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), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants 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 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: June 29, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-14260 Filed 7-2-21; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on July 6, 2021.
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