Notice2021-26626
Certain Chocolate Milk Powder and Packaging Thereof; Notice of Request for Submissions on the Public Interest
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 9, 2021
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that on December 1, 2021, the presiding administrative law judge ("ALJ") issued an Initial Determination Granting Complainant Meenaxi Inc.'s Motion for Summary Determination of Violation by the Defaulting Respondents, and a Recommended Determination on Remedy and Bonding ("ID/RD"). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 234 (Thursday, December 9, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70146-70147]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26626]
[[Page 70146]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1232]
Certain Chocolate Milk Powder and Packaging Thereof; Notice of
Request for Submissions on the Public Interest
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that on December 1, 2021, the presiding
administrative law judge (``ALJ'') issued an Initial Determination
Granting Complainant Meenaxi Inc.'s Motion for Summary Determination of
Violation by the Defaulting Respondents, and a Recommended
Determination on Remedy and Bonding (``ID/RD''). The Commission is
soliciting submissions on public interest issues raised by the
recommended relief should the Commission find a violation. This notice
is soliciting comments from the public only.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation 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#0247464b51314a676e724277716b76612c656d74"><span class="__cf_email__" data-cfemail="bafffef3e989f2dfd6cafacfc9d3ced994ddd5cc">[email protected]</span></a>. 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>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930
provides that, if the Commission finds a violation, it shall exclude
the articles concerned from the United States:
unless, after considering the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, and United States consumers, it finds
that such articles should not be excluded from entry.
19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist
orders. 19 U.S.C. 1337(f)(1).
The Commission is soliciting submissions on public interest issues
raised by the recommended relief should the Commission find a
violation. All of the respondents in this investigation have previously
been found in default.\1\ Notice at 2 (Mar. 2, 2021). The ALJ
recommended the issuance of a general exclusion order (``GEO'')
directed to certain chocolate milk powder and packaging thereof that
infringe U.S. Trademark Registration No. 4,206,026, which protects the
word mark BOURNVITA. The ALJ further recommended that bond during the
Presidential review period be set at one hundred percent (100%) of the
entered value of subject products. Parties are to file public interest
submissions pursuant to 19 CFR 210.50(a)(4).
---------------------------------------------------------------------------
\1\ Bharat Bazar Inc. of Union City, California; Madras Group
Inc. d/b/a Madras Groceries of Sunnyvale, California; Organic Food
d/b/a Namaste Plaza Indian Super Market of Fremont, California;
India Cash & Carry of Sunnyvale California; New India Bazar Inc. d/
b/a New India Bazar of San Jose, California; Aapka Big Bazar of
Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/a Siya Cash &
Carry of Newark, New Jersey; JFK Indian Grocery LLC d/b/a D-Mart
Super Market of Jersey City, New Jersey; Trinethra Indian Super
Markets of Newark, California; Apna Bazar Cash & Carry Inc. d/b/a
Apna Bazar Cash & Carry of Edison, New Jersey; Subzi Mandi Cash &
Carry Inc. d/b/a Mandi Cash & Carry of Piscataway, New Jersey;
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South
Plainfield, New Jersey; Keemat Grocers of Sugarland, Texas; KGF
World Food Warehouse Inc. d/b/a World Food Mart of Houston, Texas;
Telfair Spices of Sugarland Texas; Indian Groceries and Spices Inc.
d/b/a <a href="http://iShopIndia.com">iShopIndia.com</a> of Milwaukee, Wisconsin; Rani Foods LP d/b/a
Rani's World Foods of Houston, Texas; Tathastu Trading LLC of South
Plainfield, New Jersey; and Choice Trading LLC of Guttenberg, New
Jersey (collectively, the ``Defaulting Respondents'').
---------------------------------------------------------------------------
The Commission is interested in further development of the record
on the public interest in this investigation. Accordingly, members of
the public are invited to file submissions of no more than five (5)
pages, inclusive of attachments, concerning the public interest in
light of the ALJ's ID/RD. Comments should address whether issuance of
the recommended remedial orders in this investigation, should the
Commission find a violation, would affect the public health and welfare
in the United States, competitive conditions in the United States
economy, the production of like or directly competitive articles in the
United States, or United States consumers.
In particular, the Commission is interested in comments that:
(i) Explain how the articles potentially subject to the recommended
remedial orders are used in the United States;
(ii) identify any public health, safety, or welfare concerns in the
United States relating to the recommended orders;
(iii) identify like or directly competitive articles that
complainant, its licensees, or third parties make in the United States
which could replace the subject articles if they were to be excluded;
(iv) indicate whether complainant, complainant's licensees, and/or
third-party suppliers have the capacity to replace the volume of
articles potentially subject to the recommended orders within a
commercially reasonable time; and
(v) explain how the recommended orders would impact consumers in
the United States.
Written submissions must be filed no later than by close of
business on December 31, 2021.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1232'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>.). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. A redacted
non-confidential version of the document must also be filed
simultaneously with any confidential filing. All information, including
confidential business information and documents for which confidential
treatment is properly sought, submitted to the Commission for purposes
of this investigation may be disclosed to and used: (i) By the
Commission, its employees and Offices, and contract personnel (a) for
developing or maintaining the records of this or a related proceeding,
or (b) in internal investigations, audits, reviews, and evaluations
relating to the programs, personnel, and operations of the Commission
including under 5 U.S.C. Appendix 3; or (ii) by U.S. government
employees and contract personnel, solely for cybersecurity purposes.
All contract personnel will sign appropriate nondisclosure agreements.
All nonconfidential written
[[Page 70147]]
submissions will be available for public inspection on EDIS.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the
Commission's Rules of Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: December 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26626 Filed 12-8-21; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 9, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.